Kate Bex KC leading Colin Witcher appears in the Court of Appeal

Kate Bex KC and Colin Witcher appeared for the appellant in the Court of Appeal in this “unusual and striking” case reported today concerning consent procured by deception by a trans man (R v Singh [2024] EWCA Crim 815)

On 17th July 2024, the Court of Appeal handed down judgment following a full day of argument and fresh evidence considering whether the appellant’s diagnosed gender dysphoria lessened their culpability for sexual offending. The appellant had not disclosed being a trans man before penetration. In granting permission to appeal on a renewed application, the Full Court had indicated two matters of general principle to be considered; how courts should approach the SCG where there was a form of consent, albeit consent procured by deception and secondly the impact of imprisonment on a trans offender.

Kate Bex KC and Colin Witcher were instructed by Hanisha Godhania and Mel Kelemework of ABV Solicitors.

The judgment can be found here: [England and Wales Court of Appeal (Criminal Division) Decisions]