ALJ, R. v [2024] EWCA Crim 1600 (10 December 2024)
The judge was not required to sum up the issue of consent because it was not raised as an issue in the trial. The defence was a complete denial, and there was no evidence or suggestion of consent or reasonable belief in consent. The directions given were sufficient and the conviction is safe.
- Citation
- [2024] EWCA Crim 1600
- Parties
- Respondent: REX; Appellant: ALJ
- Jurisdiction
- England and Wales
- Judgment Date
- 10 December 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Offences, Appeal Procedure, Jury Directions, Consent in Sexual Offences
Case Brief
Summary, issues, holding and outcome
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Parties
REX
Respondent
ALJ
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge's failure to sum up the element of consent rendered the conviction unsafe
- 2 Whether consent was an issue in the trial requiring jury direction
Ratio Decidendi
The judge was not required to sum up the issue of consent because it was not raised as an issue in the trial. The defence was a complete denial, and there was no evidence or suggestion of consent or reasonable belief in consent. The directions given were sufficient and the conviction is safe.
Court Disposition
appeal dismissed
Orders
- Conviction upheld
- No further orders necessary
Full Case Text
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