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Volume No - 18 Issue No - 16
The evidence did not disclose circumstances in which, adopting the words of Lord Ackner in Court, the prosecution had demonstrated that FN had intended to commit not simply an assault, but a sexual assault. Nor could it be said that the circumstances of the offence were such that it gave rise to the “irresistible inference” that the accused intended to commit not simply an assault, but a sexual assault. In these circumstances, I would allow the appeal and set aside the conviction of FN for sexual assault. I consider that there should be substituted instead for that conviction a conviction for assault for the purposes of s 2(1) of the Non Fatal Offences against the Person Act 1997.