The appellant had been convicted of rape. The court was now asked: ‘(1) whether the trial judge failed properly to direct the jury on the question of mens rea; (2) whether he erred in directing them to disregard the question of honest belief; (3) whether distress de recenti on the part of the complainer was evidence of mens rea on the part of the appellant, and (4) whether the jury were entitled to hold that the complainer remained frightened of the appellant when he had intercourse with her.’
Judges:
Lord Justice Clerk And Lord Kirkwood And Lord Mccluskey
Citations:
[2004] ScotHC HCJAC – 69, 2004 SCCR 251, 2004 JC 87, 2004 GWD 15-332, 2004 SLT 739
Links:
Scotland, Crime
Updated: 10 June 2022; Ref: scu.195840