Anthony Skippings v R

• Jurisdiction: Turks and Caicos Islands
• Judge: Sir Elliott Mottley, P.
• Judgment Date: 30 January 2020
• Neutral Citation: TC 2020 CA 11
• Docket Number: CR-AP 4/2019
• Court: Court of Appeal (Turks and Caicos)

Between

Anthony Skippings

Appellant

and

Regina

Respondent

Before:

Sir Elliott Mottley, President

The Hon. Mr. Justice Adderley, Justice of Appeal

The Hon. Mr. Justice Hamel-Smith, Justice of Appeal

CR-AP 4/2019

IN THE COURT OF APPEAL

Appearances:

Noel Skippings for the Appellant

Mickia Mills for the Respondent

Sir Elliott Mottley, P.

1 At the conclusion of the hearing of this appeal, we allowed the appeal, quashed the conviction and set aside the judgment and entered a verdict of not guilty. At that time we indicated that we would put into writing our reasons for so doing.

2 The appellant was convicted of one count of indecent assault of a minor aged between 13 and 18 years.

3 The prosecution's case was that the appellant was at his home when the virtual complainant visited his home. On one occasion while the virtual complaint was seated in the living room, the appellant walked over to the complainant pulled down his underwear, put his penis into the hand of the complainant and told him to masturbate him.

4 A number of grounds of appeal were filed but the case turned on a discrete point – taking the prosecution's case at its highest, did those facts amount to assault? In order for a person to be convicted of indecent assault he must first be guilty of an assault. Indecent assault is an assault occasioned by an act of indecency.

5 Section 48 of the Offences Against the Person Ordinance Cap. 3.08 states:

“Indecent assault on boy between the ages of thirteen and eighteen [48] A person who indecently assaults any boy being of the age of thirteen and under the age of eighteen years, whether with or without his consent, commits an offence and is liable on conviction to imprisonment for ten years. (Inserted by Ord. 7 of 2009)”

6 As stated above the issue raised on these facts is whether taking the prosecution case at its higher whether these facts amounted to indecent assault.

7 This issue engaged the attention of the Court of Criminal Appeal in England in Fairclough v Whipp (1951) Crim App Rep 188. The respondent had himself in the presence of a girl aged 9; he invited her to touch his exposed penis which she did. In giving the judgment, Lord Goddard, Lord Chief Justice said at p. 189:

“An assault can be committed without there being battery, for instance, by a threating gesture or a threat to use violence made against a person, but I do not know of any authority that says that, where one person invites...