(Swansea Crown Court) The defendant was accused of rape. He said that she had consented. The complainant gave evidence after which the prosuction declined to bring further evidence, telling the jury: ‘the prosecution are conscious of the fact that a drunken consent is still a consent and that in the answer, in cross examination, she said, in terms, that she could not remember giving her consent and that is fatal to the prosecution’s case. In those circumstances the prosecution will have no further evidence on the issue of consent. This is a case of the word of the defendant against that of the complainant on that feature it is fatal to the prosecution’s case.’ The judge, approving the course taken by counsel, directed the jury to acquit.
Judges:
Roderick Evans J
Citations:
Unreported November 2005
Cited by:
Cited – Gallagher, Regina v CACD 26-Mar-2007
The defendant appealed his conviction for rape, saying that other acquittals were inconsistent.
Held: They were not. Leave refused. . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 14 May 2022; Ref: scu.250547