HEF, R. v [2026] EWCA Crim 172 (06 February 2026)

HEF, R. v [2026] EWCA Crim 172 (06 February 2026)

There was no misdirection to the jury regarding adverse inference or capacity to consent; the directions given were proper and did not render the convictions unsafe. The jury were not misled about the effects of cannabis or the complainant's capacity to consent, and the convictions are safe.

Citation
[2026] EWCA Crim 172
Parties
Respondent: Rex; Appellant: HEF
Jurisdiction
England and Wales
Judgment Date
06 February 2026
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Sexual Assault, Consent, Adverse Inference, Capacity to Consent, Misdirection, Youth Defendant, Reporting Restrictions
Criminal Law Rape Sexual Assault Consent Adverse Inference Capacity to Consent Misdirection Youth Defendant +1 more

Case Brief

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Parties

Rex

Respondent

HEF

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury were misdirected regarding adverse inference from the appellant's silence in police interview
  2. 2 Whether the jury were misled about the complainant's capacity to consent due to cannabis consumption
  3. 3 Whether non-expert evidence about cannabis effects led to impermissible inferences

Ratio Decidendi

There was no misdirection to the jury regarding adverse inference or capacity to consent; the directions given were proper and did not render the convictions unsafe. The jury were not misled about the effects of cannabis or the complainant's capacity to consent, and the convictions are safe.

Court Disposition

Appeal dismissed

Orders

  • Renewed application for leave refused
  • Convictions upheld