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A 36-year-old man’s second attempt to strike off a sexual assault conviction has been dismissed by the Court of Appeal, but it is understood that he still intends to appeal his five month prison sentence for the crime.
Matthew McClean, a visiting semi-professional rugby player from Sussex, denied the sexual assault charge at trial last year, but was convicted of that and a common assault in September.
McClean has never appealed against the conviction for common assault against the man. He had been sentenced to five months in prison for both offences in October last year, but appealed against his conviction for the sexual assault immediately meaning he was released on conditional bail the following day.
His first appeal was heard by the Bailiff in February and was rejected with Sir Richard McMahon saying he was satisfied that Guernsey's Magistrate’s Court had properly found the touching against the complainant to be of a sexual nature.
Pictured: Guernsey's Bailiff, Sir Richard McMahon.
In March, Claire Montgomery KC reviewed the case as a judge of the Court of Appeal (Guernsey). She refused permission stating: "In the circumstances, I do not consider that there is any arguable ground for any appeal against conviction and leave to appeal is refused.”
McClean then gave notice that he wished his appeal to be considered by the full Court of Appeal, both on the ground of appeal raised before the single judge, and on augmented grounds (meaning there were three parts to it). Various paperwork was submitted by defence Advocate Clare Tee and prosecution Advocate Fiona Russell during May and June before oral submissions were heard on 17 July 2023.
This full Court of Appeal comprising of George Bompas KC, Helen Mountfield KC, and Jeremy Storey KC, considered the three parts of the defence case: that the verdict can not be supported by the evidence, that Montgomery JA had "erred in concluding" the situation around the 'dry-humping' at the heart of the case, and that the defence had not been able to meet the case as it was put to the court by the prosecution.
The Court of Appeal agreed to hear the case on those grounds, but ultimately it also refused permission to appeal against the conviction.
The three judges found that the prosecution had proven the facts of the case "beyond reasonable doubt".
Pictured: Guernsey's Royal Court.
McClean is expected to go before the Royal Court and Jurats later this year to appeal his combined prison sentence for both assaults, on the grounds that it is manifestly excessive.
He was granted conditional bail when he lodged his initial appeal, and that was extended by the Bailiff until his upcoming appearance in the Royal Court. This included a £7,000 security.
McClean has not appealed against his conviction for common assault.
Court denies appeal against sexual assault conviction
That line has been drawn today
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