B v R.

B v R.

Delusional beliefs arising from mental illness cannot render a belief in consent reasonable for the purposes of the Sexual Offences Act 2003; the test of reasonableness is objective and does not include mental disorders unless they amount to legal insanity. The trial judge's directions were correct in law.

Parties
Appellant: B; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Common Assault, Criminal Damage, Mental Illness and Criminal Responsibility, Reasonable Belief in Consent
Criminal Law Rape Common Assault Criminal Damage Mental Illness and Criminal Responsibility Reasonable Belief in Consent

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Parties

B

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether mental illness can be considered in determining the reasonableness of a defendant's belief in consent under the Sexual Offences Act 2003
  2. 2 Whether the trial judge erred in directing the jury to disregard the defendant's mental illness when considering reasonable belief in consent
  3. 3 Whether the directions on common assault and criminal damage were correct in law

Ratio Decidendi

Delusional beliefs arising from mental illness cannot render a belief in consent reasonable for the purposes of the Sexual Offences Act 2003; the test of reasonableness is objective and does not include mental disorders unless they amount to legal insanity. The trial judge's directions were correct in law.

Court Disposition

Appeal dismissed