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R v Grout [2011]

Facts

  • The defendant was charged with both causing and inciting sexual activity with a child, as two separate counts
  • The defendant, via webcam, had asked the 12-year-old victim to show him her bra; she had lifted her t-shirt, revealing her bra strap

Issue

  • Was the conviction safe?

Decision

  • No, conviction quashed

Reasoning

  • The judge had failed to break down the two counts adequately, misdirecting the jury
  • Sexual conversation, in theory, can constitute a cause or incitement of sexual activity
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