Bryan, R v

The evidence, taken at its highest, was sufficient for the jury to infer intent to rape, and the judge was entitled to leave the count of attempted rape to the jury.

Parties: Appellant: Delroy Bryan; Respondent: Regina
Jurisdiction: England and Wales
Judgment Date: 12 February 2015
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Conviction
Outcome: appeal dismissed
Legal Topics: Attempted Rape, Sexual Assault, Outraging Public Decency, Intent, Galbraith Submission

Criminal Law Attempted Rape Sexual Assault Outraging Public Decency Intent Galbraith Submission

Case Brief

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Parties

Delroy Bryan

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

1 Whether there was sufficient evidence to leave the count of attempted rape to the jury
2 Whether the intent to rape could be inferred from the evidence

Ratio Decidendi

The evidence, taken at its highest, was sufficient for the jury to infer intent to rape, and the judge was entitled to leave the count of attempted rape to the jury.

Court Disposition

appeal dismissed

Orders

conviction for attempted rape upheld