Evans, R. v

Evans, R. v

The jury's verdicts were not inconsistent as they were directed to consider each defendant separately. The judge's directions on consent and intoxication were clear and sufficient. Fresh evidence on memory loss did not undermine the safety of the conviction. The sentence imposed was within the appropriate range and not unduly lenient.

Parties
Applicant: Chedwyn Evans; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
06 November 2012
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
Renewed application for leave to appeal against conviction and sentence refused.
Legal Topics
Rape, Consent, Capacity to Consent, Alcohol Intoxication, Memory Loss, Appeal, Sentencing
Criminal Law Rape Consent Capacity to Consent Alcohol Intoxication Memory Loss Appeal Sentencing

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Parties

Chedwyn Evans

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the jury's verdicts were inconsistent
  2. 2 Whether the judge's directions on consent and intoxication were adequate
  3. 3 Whether fresh evidence regarding memory loss should be admitted

Ratio Decidendi

The jury's verdicts were not inconsistent as they were directed to consider each defendant separately. The judge's directions on consent and intoxication were clear and sufficient. Fresh evidence on memory loss did not undermine the safety of the conviction. The sentence imposed was within the appropriate range and not unduly lenient.

Court Disposition

Renewed application for leave to appeal against conviction and sentence refused.

Orders

  • Leave to appeal against conviction refused.
  • Leave to appeal against sentence refused.