Bree, R v [2007] EWCA Crim 804 (26 March 2007)

Bree, R v [2007] EWCA Crim 804 (26 March 2007)

The conviction was unsafe because the trial judge failed to give adequate directions to the jury on the meaning of 'capacity' to consent in the context of voluntary intoxication, and did not address the changed prosecution case or the distinction between unconsciousness and memory loss due to intoxication.

Citation
[2007] EWCA Crim 804
Parties
Respondent: R; Appellant: Benjamin Bree
Jurisdiction
England and Wales
Judgment Date
26 March 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Conviction quashed
Legal Topics
Rape, Consent, Intoxication, Sexual Offences Act 2003
Criminal Law Rape Consent Intoxication Sexual Offences Act 2003

Case Brief

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Parties

R

Respondent

Benjamin Bree

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Effect of voluntary intoxication on capacity to consent to sexual intercourse under the Sexual Offences Act 2003
  2. 2 Whether the trial judge gave adequate directions to the jury on consent and intoxication

Ratio Decidendi

The conviction was unsafe because the trial judge failed to give adequate directions to the jury on the meaning of 'capacity' to consent in the context of voluntary intoxication, and did not address the changed prosecution case or the distinction between unconsciousness and memory loss due to intoxication.

Court Disposition

Conviction quashed

Orders

  • Conviction quashed