Shaher, R v [2019] EWCA Crim 2162 (04 October 2019)

Shaher, R v [2019] EWCA Crim 2162 (04 October 2019)

The trial judge was correct to reject the submission of no case to answer because there was sufficient evidence for the jury to conclude that the applicant's belief in consent was unreasonable, based on the victim's conduct and the circumstances.

Citation
[2019] EWCA Crim 2162
Parties
Applicant: Abdu Shaher; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
04 October 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction
Outcome
application for leave to appeal conviction refused
Legal Topics
Rape, Sexual Assault, Consent, Submission of No Case to Answer
Criminal Law Rape Sexual Assault Consent Submission of No Case to Answer

Case Brief

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Parties

Abdu Shaher

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting a submission of no case to answer
  2. 2 Whether there was sufficient evidence for the jury to conclude lack of reasonable belief in consent

Ratio Decidendi

The trial judge was correct to reject the submission of no case to answer because there was sufficient evidence for the jury to conclude that the applicant's belief in consent was unreasonable, based on the victim's conduct and the circumstances.

Court Disposition

application for leave to appeal conviction refused

Orders

  • Leave to appeal conviction is refused.