{"id":620460,"date":"2026-04-20T10:19:21","date_gmt":"2026-04-20T08:19:21","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/r-v-afj\/"},"modified":"2026-04-20T10:19:21","modified_gmt":"2026-04-20T08:19:21","slug":"r-v-afj","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/r-v-afj\/","title":{"rendered":"R v AFJ"},"content":{"rendered":"
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LORD JUSTICE WILLLIAM DAVIS: 1 In the\u00a0early hours of 11\u00a0November\u00a02022, a\u00a0young woman ("HK") was walking home from a\u00a0friend's house. She was alone. She had her mobile phone in her hand and a\u00a0bag over her shoulder. As she entered the road in which her home was located, she saw a\u00a0man ("AFJ"). 2 HK's evidence was that AFJ said something to her. She said that it felt as if he was catcalling her. She explained "catcalling" as "Like sexual whatever. That is the\u00a0undertone". She told the\u00a0police that she wished she could remember more of what he said. However, she was able to say it made her feel really uncomfortable. She said it happened a\u00a0lot when she was out at night time. This was another example of someone making a\u00a0horrible comment, as a\u00a0result of which she felt unsafe. 3 HK walked on towards her home. AFJ followed her. When she was almost at her home, he came up behind her, put an\u00a0arm around her body and grabbed her face with his hand. He pushed her down on to the\u00a0floor. This was\u00a0in an\u00a0alleyway rather than on the road itself. AFJ was on top of her. He said words to the\u00a0effect of "I'm\u00a0going to kill you, stab you. I\u00a0need you to give me all your stuff". HK recalled "a\u00a0big sort of fumble round on the floor where he was pushing me down." She screamed. A\u00a0neighbour heard the\u00a0scream and came out of his house shouting "leave her alone". AFJ got up and ran away. 4 At least some of the period during which AFJ was with HK in the\u00a0alleyway was captured on the CCTV system of a\u00a0house adjacent to the\u00a0alleyway. The\u00a0footage we have seen lasts for one minute. When it began, AFJ and HK were already in the\u00a0alleyway. Initially, AFJ held HK round the\u00a0waist with one arm and held the\u00a0hand of the\u00a0other arm over her mouth. He held her very close saying something into her ear. The CCTV footage has a\u00a0soundtrack but what he is saying cannot be discerned. After about 45 seconds, AFJ pushed HK on to the\u00a0floor. "A\u00a0big sort of fumble around" is a\u00a0reasonable description of what can be seen over the\u00a0next few seconds. At no point did AFJ attempt to take HK's bag although it was obvious and available. For much of the footage HK was shouting out. A few seconds before the end of the footage, the\u00a0voice of the\u00a0neighbour was heard, which was the\u00a0point at which AFJ ran away. 5 Subsequently, HK told the\u00a0police that AFJ could have just grabbed her bag. She asked why he did not do that\u00a0and then run off. She said that she thought he might try and rape her because she was in a\u00a0very vulnerable position. She repeated it would not have been hard for him to take her bag and her phone. 6 AFJ was arrested about an\u00a0hour later on the same road in which the\u00a0attack had taken place. He made no comment in interview. 7 AFJ was charged with attempted robbery and committing an\u00a0offence of assault with intent to commit a\u00a0sexual offence. He was sent for trial at the Crown Court. At his first appearance at the Crown Court, he pleaded guilty to the\u00a0offence of attempted robbery. The\u00a0other offence was adjourned for trial. The\u00a0trial was listed on 12\u00a0June\u00a02023. Almost all of the prosecution evidence was read by agreement. HK's evidence consisted of an\u00a0ABE interview appropriately edited and a\u00a0recorded cross-examination pursuant to s.28 of the Youth Justice and Criminal Evidence Act 1999. 8 On 13\u00a0January\u00a02023, the\u00a0prosecution applied to adduce evidence of AFJ's bad character. He had a\u00a0number of previous convictions, but the\u00a0prosecution were concerned with only one. On 31\u00a0July\u00a02009 he had been convicted of attempted rape, sexual assault, false imprisonment and robbery. He was then aged 42. He had been sentenced to an\u00a0indeterminate term of imprisonment with a\u00a0minimum term of just short of four\u00a0years. He was released on licence in 2015. The\u00a0circumstances of that offence were that on 30\u00a0March\u00a02009 at about 10.30 in the\u00a0evening a\u00a0lone female was walking home at night when she was grabbed by AFJ. He told her not to scream or he would kill her. He took her phone and put it in a\u00a0bin. He pushed her up the\u00a0street and made her climb onto a\u00a0derelict piece of land. He told her to give him all her money, which she said did. He then told her to get on the ground and take her clothes off. He sexually assaulted her and attempted to rape her. The\u00a0trial judge refused the\u00a0application to adduce the\u00a0evidence of bad character. 9 There was then a\u00a0submission made on behalf of AFJ that there was no case to answer in respect of the charge of committing an\u00a0offence of assault with intent to commit a\u00a0sexual offence. The trial judge acceded to that submission. 10 The\u00a0prosecution now apply for leave to appeal against both rulings made by the\u00a0trial judge pursuant to s.58 of the Criminal Justice Act 2003. They have complied with the requirements of s.58 in relation to the\u00a0undertakings as to acquittal. The\u00a0trial judge refused to give leave and declined to expedite the\u00a0appeal. He discharged the\u00a0jury. 11 If we were to give leave to appeal, then a\u00a0date for a\u00a0retrial has been set in\u00a0September\u00a02023. 12 Although the\u00a0ruling in respect of bad character came first in time, we shall begin by considering the\u00a0trial judge's determination that AFJ had no case to answer. The\u00a0defence submission before the\u00a0judge, and indeed today, was that the\u00a0evidence was consistent only with an\u00a0intent to rob on the part of AFJ. The\u00a0essence of the judge's ruling was as follows: "The highest the Crown's case can go is that the complainant who there is no doubt was set upon in the most unpleasant fashion in the early hours of the morning by the defendant, could have raped me, that the complainant said he could have raped me or done anything. Well that is exactly the point. In the first account given to Police Constable\u00a0Dunn, he reported the complainant had told him there were no sexual elements had taken place. To my mind, having watched the video, the defendant does not appear to try, let alone carry out any sexual assault. There is no pulling of clothing. The complainant does not claim any of that. His hands are not in an inappropriate place. And albeit he subdued her, he subdued her just to, well to rob her." 13 He concluded by saying: "I\u00a0do not consider it to be right in the\u00a0circumstances of this case to leave this case to the\u00a0jury. There is to my mind no evidence but guesswork that the jury could properly convict this defendant on Count 2, namely that he was assaulting her with intent to commit a\u00a0relevant sexual offence." 14 In our view, the\u00a0judge substantially understated the\u00a0effect of the evidence. When HK was first aware of AFJ he catcalled her. She defined that in her evidence as being something with a\u00a0sexual connotation. That is in fact the\u00a0dictionary definition of the\u00a0term. While she could not recall the\u00a0precise language, it was sufficient to make her feel really uncomfortable. It is a\u00a0proper inference that can be drawn from that evidence that AFJ made some kind of sexual comment to her. That was the\u00a0immediate prelude to what followed. What HK then described as having happened in the\u00a0alleyway was confirmed by the\u00a0CCTV footage. The\u00a0judge concluded that this footage did not show any attempt to commit a\u00a0sexual assault. As has been argued by the\u00a0appellant prosecutor this morning, that is not the\u00a0offence with which the\u00a0defendant was charged. In any event, we consider that it was at least a\u00a0reasonable inference from what can be seen on the\u00a0footage that AFJ was trying to put himself in a\u00a0position sexually to touch HK. Indeed, on one view, he did put his hands somewhere below her waist immediately before the\u00a0neighbour intervened. Conversely, there was no sign at all of him trying to steal anything, whether HK's bag or her phone. 15 In our judgment, it was a\u00a0matter for a\u00a0jury to consider whether AFJ's assault was something that was a\u00a0preliminary to sexual assault of some description. A\u00a0judge can only withdraw a\u00a0case from the jury if no reasonable jury could convict on the basis of the\u00a0evidence adduced by the\u00a0prosecution. Mr\u00a0Jarvis for the prosecutor put it this way to us today: could a\u00a0reasonable jury on one view of the\u00a0evidence draw the\u00a0appropriate inference adverse to the\u00a0defendant? However one puts the\u00a0test, it was not appropriate to withdraw the case from the jury. There were good reasons for a\u00a0jury to decide that what was shown on the CCTV footage was an\u00a0assault with an\u00a0intent to commit a\u00a0sexual offence. Whether that would have been the\u00a0jury's conclusion is not the\u00a0question. However, that conclusion was plainly open to them on the evidence. It follows that we are satisfied that the\u00a0judge erred in acceding to the\u00a0submission of no case to answer and we therefore give leave to appeal in respect of that aspect of the application. 16 The\u00a0judge refused the\u00a0prosecution application to adduce evidence of AFJ's convictions in 2009. He did so because he considered that the prosecution case was weak. He relied on the observation in Hanson [2004] EWCA Crim 824 that bad character evidence should not be introduced to bolster a\u00a0weak case. He also considered Benabbou [2012] EWCA Crim 3088 where this court held that a\u00a0single conviction for rape some eight\u00a0years before the\u00a0relevant events should not have been admitted in a\u00a0trial in 2011. However, there the\u00a0circumstances of the previous offence were significantly different to those alleged in the\u00a0trial: the\u00a0evidence of propensity was limited, whereas the\u00a0prejudicial effect was very substantial. 17 We are satisfied that the judge was wrong to categorise the\u00a0prosecution case as weak. It was a\u00a0circumstantial case, but for all the\u00a0reasons we have already given, the\u00a0circumstances were quite sufficient to provide a\u00a0sound inferential case. The\u00a0previous offences committed by AFJ may have occurred a\u00a0considerable time prior to the\u00a0events in 2022. However, they bore a\u00a0striking similarity to what happened in relation to HK. In 2009 a\u00a0lone female was attacked at night and taken somewhere out of view before a\u00a0sexual assault was committed. Had the\u00a0neighbour not intervened, it appears to us there is every prospect that that is what would have happened to HK. When he was convicted in 2009, AFJ was a\u00a0mature man. This is not a\u00a0case where it could be suggested that the\u00a0passage of time somehow in some way means that he is different now to how he was then. Clearly the\u00a0admission of the bad character evidence would have been prejudicial. It would have affected the\u00a0jury's view of the\u00a0case as a\u00a0whole. However, we do not agree that its admission would have been unfair. The\u00a0judge said that the bad character evidence would distract the\u00a0jury and cloud their minds. We reject that view. It was obviously relevant evidence. It was important evidence in terms of demonstrating the\u00a0propensity of this man to commit the\u00a0very sort of offence with which he was charged. With a\u00a0proper direction, which we would anticipate any judge would give, then that would be a\u00a0matter for the jury to consider. 18 It follows that we have concluded that both rulings of the judge were wrong. We allow the\u00a0appeal. This case must be returned to the\u00a0Crown Court to be retried by a\u00a0different judge. The\u00a0precise identity of the\u00a0judge will have to be determined by the senior presiding judge for the South Eastern Circuit. __________<\/p>\n<\/div>\n

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Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

LORD JUSTICE WILLLIAM DAVIS: 1 In the early hours of 11 November 2022, a young woman (“HK”) was walking home from a friend’s house. She was alone. She had her mobile phone in her hand and a bag over her shoulder. As she entered the road in which her home was located, she saw a man (“AFJ”). 2 HK’s evidence…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[24566],"kji_subject":[7612],"kji_keyword":[7622,7621,7925,8448,8231],"kji_language":[7611],"class_list":["post-620460","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-24566","kji_subject-fiscal","kji_keyword-evidence","kji_keyword-judge","kji_keyword-offence","kji_keyword-sexual","kji_keyword-trial","kji_language-anglais"],"yoast_head":"\nR v AFJ - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/r-v-afj\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"R v AFJ\" \/>\n<meta property=\"og:description\" content=\"LORD JUSTICE WILLLIAM DAVIS: 1 In the early hours of 11 November 2022, a young woman ("HK") was walking home from a friend's house. 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