ACQUITTAL OF GRAVER OFFENCE

Guilty verdicts on counts of assault by penetration involving the insertion of fingers into the vagina and sexual assault involving the touching of breasts were logically inconsistent and were unsafe where the only issue for the jury to determine was the issue of consent and the accused and complainant had admitted that the activities in all the counts had occurred, but the jury had acquitted the accused on a count of sexual assault involving oral sex that arose from the same single sexual encounter.

[2010] EWCA Crim 1577