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Mistake of fact and the electronic messaging with Witness A
Mistake of fact and the electronic messaging with Witness A
The Appellant’s case is that he did not exchange electronic messages with Witness A, in which the Appellant stated that he had engaged in sexual activity with one or more children (or used words to that effect), and that he did not by his conduct demonstrate a sexual interest in children and/or engage in conduct that was sexually motivated. It seems to us that this composite denial involves consideration of three discrete questions.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Disclosure and Barring Service was not based on any material mistake in any finding of fact and involved no mistake on
- Introduction
- A summary of the factual background
- The Upper Tribunal oral hearing
- The legal framework for barring decisions
- The Disclosure and Barring Service’s decision in 2024 to bar the Appellant
- The Appellant’s grounds of appeal
- The Appellant’s oral evidence
- Mistake of fact and the electronic messaging with Witness A
- Did the Appellant exchange electronic messages with Witness A?
- Did the Appellant state that he had engaged in sexual activity with one or more children (or use words to that effect)
- Did the Appellant’s conduct demonstrate a sexual interest in children and/or was sexually motivated?
- Mistake of fact and the alleged possession of IIOC
- The error of law arguments
- The Appellant’s other arguments
- Disposal
- Conclusions