H, Regina v: CACD 10 Jul 2007

The judge had upheld a half time submission where there was strong evidence that a drunk 16-year old had consented to intercourse.
Held: The issue ought to have been left to the jury. Hallett LJ observed that questions of capacity and consent should normally be left to the jury. It is only in the clearest of cases that a judge is entitled to conclude that there is no evidence on which the jury could properly convict in a case of this kind and accede to a submission of no case.
Hallett LJ, Butterfield, Wilkie JJ
[2007] EWCA Crim 2056
Bailii
England and Wales
Cited by:
CitedRegina v Robinson CACD 23-Mar-2011
Earlier Acquittal not for mention on retrial
The defendant appealed against several convictions for serious ‘historic’ sex abuse. He said that there was insufficient evidence before the court to decide that the complainant had been under 14 at the time, and that any consent was vitiated. He . .

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Updated: 13 February 2021; Ref: scu.314318