Taylor, R. v [2022] EWCA Crim 1207 (02 August 2022)

Taylor, R. v [2022] EWCA Crim 1207 (02 August 2022)

It was properly open to the jury, on the evidence as a whole, to conclude that the complainant's apparent consent was not true consent in law due to her vulnerability and the appellant's conduct; the judge was correct to leave the case to the jury.

Citation
[2022] EWCA Crim 1207
Parties
Respondent: Regina; Appellant: David Taylor
Jurisdiction
England and Wales
Judgment Date
02 August 2022
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Consent, Grooming, Sexual Offences, Abuse of Position of Trust, Jury Directions
Criminal Law Rape Consent Grooming Sexual Offences Abuse of Position of Trust Jury Directions

Case Brief

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Parties

Regina

Respondent

David Taylor

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction Appeal

Legal Issues

  1. 1 Whether the judge was correct to leave the charge of rape to the jury despite the complainant's assertion of consent
  2. 2 Whether there was sufficient evidence of lack of true consent or grooming to support the conviction

Ratio Decidendi

It was properly open to the jury, on the evidence as a whole, to conclude that the complainant's apparent consent was not true consent in law due to her vulnerability and the appellant's conduct; the judge was correct to leave the case to the jury.

Court Disposition

appeal dismissed

Orders

  • Conviction on count 17 (rape) upheld