Ben Hale was instructed to represent a defendant at Wood Green Crown Court who had been charged with eight counts of Exposure, contrary to s.66 of the Sexual Offences Act 2003. An application to dismiss all counts on the indictment due to evidential difficulties in the Crown’s case was lodged shortly before the Plea and Trial Preparation Hearing and further time was given for the Prosecution to consider the submissions made.

The Crown responded with an application to amend the indictment to substitute all eight of the original charges for offences of Outraging Public Decency, an offence contrary to the Common Law.

Ben lodged a further application to dismiss five of the eight amended counts of Outraging Public Decency. Ben’s submissions highlighted the absence of a required element of the offence as set out in the case law from the Court of Appeal (Criminal Division). The Prosecution opposed those submissions.

At the dismissal hearing, the Prosecution conceded the initial application to dismiss, and the eight original charges of Exposure were dismissed by consent.

A full dismissal argument was heard on five of the eight remaining counts of Outraging Public Decency. The court granted Ben’s application in respect of each count and dismissed all five of the counts on which the submission was made. There were therefore thirteen counts that were dismissed in total.

Ben was instructed and assisted throughout by Michael Range and Rehana Dameem at ACA Law.