H, R. v [2007] EWCA Crim 2056 (10 July 2007)

H, R. v [2007] EWCA Crim 2056 (10 July 2007)

The trial judge erred in withdrawing the case from the jury; there was sufficient evidence on the issues of consent and capacity to consent for the case to be left to the jury. The inability of the complainant to remember whether she consented is not fatal to the prosecution. Issues of consent and capacity are for the jury to determine, not the judge, especially where there is evidence from which a jury could reasonably conclude lack of consent or capacity.

Citation
[2007] EWCA Crim 2056
Parties
Applicant: Crown Prosecution Service; Respondent: H
Jurisdiction
England and Wales
Judgment Date
10 July 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Trial Judge's Ruling of No Case to Answer
Outcome
appeal allowed
Legal Topics
Rape, Consent, Capacity to Consent, No Case to Answer, Section 58 Criminal Justice Act 2003
Criminal Law Rape Consent Capacity to Consent No Case to Answer Section 58 Criminal Justice Act 2003

Case Brief

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Parties

Crown Prosecution Service

Applicant

H

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Trial Judge's Ruling of No Case to Answer

Legal Issues

  1. 1 Whether there was sufficient evidence of lack of consent or capacity to consent to leave the case to the jury in a rape prosecution
  2. 2 Whether the trial judge erred in ruling there was no case to answer

Ratio Decidendi

The trial judge erred in withdrawing the case from the jury; there was sufficient evidence on the issues of consent and capacity to consent for the case to be left to the jury. The inability of the complainant to remember whether she consented is not fatal to the prosecution. Issues of consent and capacity are for the jury to determine, not the judge, especially where there is evidence from which a jury could reasonably conclude lack of consent or capacity.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted to the Crown Prosecution Service.
  • Trial judge's ruling of no case to answer quashed.