R v "ALJ"

R v "ALJ"

Consent was not in issue at trial, as the defence was a complete denial and no alternative case on consent was put to the complainant or raised in evidence. The judge was not required to sum up on consent, and the directions given did not render the conviction unsafe.

Parties
Respondent: REX; Appellant: ALJ
Jurisdiction
England and Wales
Judgment Date
25 April 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Sexual Offences, Consent, Summing Up, Appeal Procedure
Criminal Law Sexual Offences Consent Summing Up Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

REX

Respondent

ALJ

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial

Legal Issues

  1. 1 Whether the trial judge's failure to sum up the element of consent rendered the conviction unsafe
  2. 2 Whether consent was in issue at trial and required judicial direction

Ratio Decidendi

Consent was not in issue at trial, as the defence was a complete denial and no alternative case on consent was put to the complainant or raised in evidence. The judge was not required to sum up on consent, and the directions given did not render the conviction unsafe.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Appeal against conviction is dismissed