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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Cooper, R v  EWCA Crim 43 (29 January 2019)
Cite as:  EWCA Crim 43
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ON APPEAL FROM CARLISLE CROWN COURT
HIS HONOUR JUDGE ADKIN
Strand, London, WC2A 2LL
B e f o r e :
Mr Justice Robin Knowles
Sir Wyn Williams (sitting as a Judge of the Court of Appeal)
- and -
Michael Hayton QC and Martin Reid (instructed by the Crown Prosecution Service)
for the Respondent
Hearing date: 15 January 2019
Crown Copyright ©
Lord Justice Davis:
" STATEMENT OF OFFENCE
CRUELTY TO A PERSON UNDER 16 YEARS, contrary to section 1(1) of the Children and Young Persons Act 1933.
PARTICULARS OF OFFENCE
DERRICK COOPER between the 25th day of June 1984 and the 16th day of January 1987 being a person who had attained the age of 16 and having the responsibility for Sean Hann, a child under that age, pursued a course of conduct in that he wilfully assaulted, ill-treated, neglected, abandoned or exposed the said Sean Hann in a manner likely to cause the said Sean Hann unnecessary suffering or injury to health by assaulting and humiliating him in the dining area of Underley Hall School"
(a) Count 2
(b) Count 8
The appeal and the disposition of his appeal on Count 8
"He [Hann] then went on to describe the aftermath, which is Count 8, the allegation of humiliation in the dining-hall."
The judge then summarised Hann's evidence as to what happened, including his assertion that thereafter he had been made to sleep in a towel in freezing conditions. Having done so, the judge said this (at p.36D-E):
"If you are sure that those events happened, that is the attack when he was punched in the face with a ring causing injury, then Mr Cooper would be guilty of Count 7. If you are sure that there was an incident of cruelty where he was humiliated in the dining room, then Mr Cooper would be guilty of Count 8. If you are not sure of those events, then you would find the defendant not guilty."
The appeal and disposition of the appeal on Count 2
(1) There was no corroborative evidence of Gow's account.
(2) There was no record or medical evidence of bruising to his eye.
(3) Contemporaneous written records record him speaking highly of the school to various professionals: contact which he wholly implausibly denied.
(4) In spite of frequent opportunities, he made no prior complaint.
(5) There was evidence, submitted as agreed facts, that other pupils at the school at this time had not witnessed anything untoward.
(6) There was agreed evidence from kitchen-workers and others that they never had witnessed any violence in the dining-room.
(7) There was evidence from a number of people that the appellant had not been observed to assault a pupil.