R v XX
| Jurisdiction | Northern Ireland |
| Judge | His Honour Judge Babington |
| Neutral Citation | [2023] NICC 14 |
| Date | 21 April 2023 |
| Court | Crown Court (Northern Ireland) |
1
Neutral Citation No: [2023] NICC 14
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: [2023] NICC 14
Delivered: 21/04/2023
IN THE CROWN COURT OF NORTHERN IRELAND
SITTING AT LONDONDERRY
___________
THE KING
v
XX
___________
JUDGE BABINGTON
Introduction
[1] As these proceedings concern a sexual offence, automatic reporting
restrictions apply, and the complainant is entitled to lifelong anonymity by virtue of
Section 1 of the Sexual Offences (Amendment) Act 1992. So as to give effect to this,
both the complainant and the defendant are described in anonymized terms
throughout these remarks. The complainant will be known as ST and the defendant
will be known as XX.
[2] XX was convicted after a trial, which lasted five days, of all eight counts on
the indictment by unanimous verdicts. All of the offending consisted of offences
contrary to the Sexual Offences (Northern Ireland) Order 2008 and all related to
times when ST was a child and under 13 years of age. At the time of the offending ST
was aged between five and seven years old and XX was aged between 33 and 35
years old. XX and ST’s mother were in a relationship for a period of time. This
relationship was fractured and there came a time when ST’s mother left the home
that they lived in and effectively set up home with someone else some distance
away. This meant that ST was being effectively looked after by XX alone. Although
XX was not her natural father he held himself out to her as her natural father at the
time of offending. ST, who was born in July 2005 made her ABE interview in
September 2019 when she was aged 14. She said that the abuse occurred when she
returned from school and had changed her clothes.
[3] The facts in relation to each of the counts are as follows:
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