The defendant was accused of indecent assault. He said that the complainant had consented.
Held: It was necessary for the jury to consider whether the appellant might honestly have believed that the complainant was consenting because that was an issue that arose from the facts. The judge has a duty to direct the jury on each issue to be considered by them, and to clear up the slightest doubts about issues before the closing speeches.
Citations:
Times 13-Jul-1993, Ind Summary 09-Aug-1993, [1993] CLR 952
Jurisdiction:
England and Wales
Cited by:
Cited – H, Regina v CACD 25-Apr-2006
The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Criminal Practice
Updated: 25 October 2022; Ref: scu.88351