EB, R. v

EB, R. v

The appellant's HIV status was not relevant to the issue of consent under section 74 of the Sexual Offences Act 2003 and should have been excluded as prejudicial under section 78 of the Police and Criminal Evidence Act; the conviction must be quashed.

Parties
Appellant: EB; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
16 October 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, retrial ordered
Legal Topics
Rape, Consent, Admissibility of Evidence, HIV Status, Sexual Offences Act 2003, Police and Criminal Evidence Act 1984
Criminal Law Rape Consent Admissibility of Evidence HIV Status Sexual Offences Act 2003 Police and Criminal Evidence Act 1984

Case Brief

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Parties

EB

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's HIV status was relevant and admissible evidence in determining consent to sexual intercourse under the Sexual Offences Act 2003
  2. 2 Whether the appellant's HIV status was relevant to the issue of reasonable belief in consent
  3. 3 Whether the conviction should be quashed due to prejudicial evidence

Ratio Decidendi

The appellant's HIV status was not relevant to the issue of consent under section 74 of the Sexual Offences Act 2003 and should have been excluded as prejudicial under section 78 of the Police and Criminal Evidence Act; the conviction must be quashed.

Court Disposition

appeal allowed, conviction quashed, retrial ordered

Orders

  • conviction quashed
  • retrial to be held on single count of rape