Calvert, R v [2000] EWCA Crim 63 (1st December, 2000)

Calvert, R v [2000] EWCA Crim 63 (1st December, 2000)

The conviction was quashed because the trial judge failed to direct the jury on the possibility of a genuine mistaken belief in consent, a direction required by law when evidence supports such a defence, regardless of whether it was advanced by defence counsel.

Citation
[2000] EWCA Crim 63
Parties
Appellant: Appellant (Mr Calvert); Respondent: Crown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Rape, Consent, Mistaken Belief, Jury Directions
Criminal Law Rape Consent Mistaken Belief Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant (Mr Calvert)

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred by failing to direct the jury on the secondary defence of genuine mistaken belief in consent under the Sexual Offences Act 1956, s.1(2)

Ratio Decidendi

The conviction was quashed because the trial judge failed to direct the jury on the possibility of a genuine mistaken belief in consent, a direction required by law when evidence supports such a defence, regardless of whether it was advanced by defence counsel.

Court Disposition

conviction quashed

Orders

  • Conviction quashed for non-direction on mistaken belief in consent.
  • Submissions to be heard on whether there should be a re-trial.