Shaher, R v

Shaher, R v

The trial judge was entitled to reject the submission of no case to answer because there was sufficient evidence on which a jury could properly conclude that the applicant did not reasonably believe the complainant was consenting, based on the complainant's evidence and the circumstances of the case.

Parties
Applicant: Abdu Shaher; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
04 October 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal conviction refused
Legal Topics
Rape, Sexual Assault, Consent, Appeal Procedure, No Case to Answer
Criminal Law Rape Sexual Assault Consent Appeal Procedure No Case to Answer

Case Brief

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Parties

Abdu Shaher

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting a submission of no case to answer in a prosecution for rape and sexual assault by penetration

Ratio Decidendi

The trial judge was entitled to reject the submission of no case to answer because there was sufficient evidence on which a jury could properly conclude that the applicant did not reasonably believe the complainant was consenting, based on the complainant's evidence and the circumstances of the case.

Court Disposition

application for leave to appeal conviction refused