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R v Sachchidanand Kumar [2006] EWCA Crim 1946

In a case of indecent assault by a general practitioner during a breast examination it was not necessary to give the jury a direction about every theoretical possibility that might arise, however remote that possibility might be, where the defence had not raised it.

11 August 2006

The appellant general practitioner (K) appealed against his conviction for indecent assault on a female patient (X). When X found a lump on her breast, she attended K’s surgery for a breast examination. She had undone her shirt and pointed to the lump above her bra. She removed her shirt and bra as requested by K. He went round to the side of her and examined both breasts and under her arms. His head was touching her and he pressed hard for about five minutes and then informed her it could be mastitis. She was upset and went home and informed her mother. The Crown’s case was that a breast examination for X was clinically indicated, but that the way that K had carried it out was wholly improper and demonstrated an intention to use it as cover for indecently assaulting X. When asked by the jury what constituted indecent assault if a breast examination was required, the trial judge said that the answer was whether the jury was certain that K intended to obtain sexual gratification ...

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