Cooper, R v

Cooper, R v

The court refused the appellant's applications and certified questions of general public importance regarding the interpretation of section 30(2) of the Sexual Offences Act 2003, but refused the Crown leave to appeal to the House of Lords.

Parties
Appellant: Gary Anthony Cooper; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
applications refused; questions certified; leave to appeal refused
Legal Topics
Sexual Offences, Capacity to Consent, Retrial, Appeal Procedure
Criminal Law Sexual Offences Capacity to Consent Retrial Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Gary Anthony Cooper

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Interpretation of section 30(2)(a) and (b) of the Sexual Offences Act 2003
  2. 2 Capacity to consent to sexual activity
  3. 3 Effect of irrational fear related to mental disorder on capacity

Ratio Decidendi

The court refused the appellant's applications and certified questions of general public importance regarding the interpretation of section 30(2) of the Sexual Offences Act 2003, but refused the Crown leave to appeal to the House of Lords.

Court Disposition

applications refused; questions certified; leave to appeal refused

Orders

  • Appellant's applications refused
  • Questions certified as being of general public importance