R v DB

R v DB

Conviction appeal dismissed as directions were adequate and no evidential basis for consent or belief in consent; sentence appeal allowed as sentence exceeded statutory maximum and surcharge order was unlawful.

Parties
Respondent: Rex; Appellant: DB
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
conviction appeal dismissed; sentence appeal allowed
Legal Topics
Sexual Offences, Assault, Bad Character Evidence, Cross Admissibility, Sentencing, Abuse of Process, Consent
Criminal Law Sexual Offences Assault Bad Character Evidence Cross Admissibility Sentencing Abuse of Process Consent

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Parties

Rex

Respondent

DB

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether convictions are unsafe due to inadequate cross-admissibility direction
  2. 2 Whether jury was misdirected on consent for rape charge
  3. 3 Whether indictment was legally flawed regarding consent

Ratio Decidendi

Conviction appeal dismissed as directions were adequate and no evidential basis for consent or belief in consent; sentence appeal allowed as sentence exceeded statutory maximum and surcharge order was unlawful.

Court Disposition

conviction appeal dismissed; sentence appeal allowed

Orders

  • sentence on count 4 quashed and substituted with 10 years (9 years imprisonment plus 1-year licence)
  • concurrent sentence on count 9 quashed and substituted with 9 years imprisonment