Malik, R. v [2025] EWCA Crim 1832 (20 November 2025)
There was sufficient evidence for a properly directed jury to conclude that the appellant did not reasonably believe the complainant was consenting, given the circumstances of the encounter, the complainant's state, and the appellant's conduct. The judge was correct to leave the issue to the jury and not to withdraw the case under the second limb of Galbraith.
- Citation
- [2025] EWCA Crim 1832
- Parties
- Respondent: Rex; Appellant: Adil Malik
- Jurisdiction
- England and Wales
- Judgment Date
- 20 November 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction After Jury Trial
- Outcome
- Appeal dismissed; conviction upheld
- Legal Topics
- Rape, Consent, Reasonable Belief in Consent, Submission of No Case to Answer, Sexual Offences Act 2003, Mental Health Act 1983
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Respondent
Adil Malik
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Jury Trial
Legal Issues
- 1 Whether the trial judge erred in refusing a submission of no case to answer on the issue of reasonable belief in consent under section 1(1)(c) of the Sexual Offences Act 2003
Ratio Decidendi
There was sufficient evidence for a properly directed jury to conclude that the appellant did not reasonably believe the complainant was consenting, given the circumstances of the encounter, the complainant's state, and the appellant's conduct. The judge was correct to leave the issue to the jury and not to withdraw the case under the second limb of Galbraith.
Court Disposition
Appeal dismissed; conviction upheld
Full Case Text
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