Ivor & Ors, R. v [2021] EWCA Crim 923 (18 June 2021)

Ivor & Ors, R. v [2021] EWCA Crim 923 (18 June 2021)

There was sufficient evidence for the jury to conclude the appellants did not have a reasonable belief in X's consent, given their knowledge of Smith's coercive control and the circumstances; joinder of counts and jury directions were proper; verdicts were not inconsistent.

Source-derived case information.

Citation
[2021] EWCA Crim 923
Parties
Appellant: Ivor; Appellant: George; Applicant: Mike; Appellant: Thomas; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
18 June 2021
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeals and renewed application for leave to appeal dismissed
Legal Topics
Rape, Reasonable Belief in Consent, Joinder of Indictments, Cross Admissibility, Coercive Control
Criminal Law Rape Reasonable Belief in Consent Joinder of Indictments Cross Admissibility Coercive Control

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Summary, issues, holding and outcome

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Parties

Ivor

Appellant

George

Appellant

Mike

Applicant

Thomas

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether there was sufficient evidence to prove absence of reasonable belief in consent for rape convictions
  2. 2 Whether joinder of counts relating to rape and drugs offences rendered proceedings unfair
  3. 3 Whether jury directions on propensity evidence and timing of consent were adequate

Ratio Decidendi

There was sufficient evidence for the jury to conclude the appellants did not have a reasonable belief in X's consent, given their knowledge of Smith's coercive control and the circumstances; joinder of counts and jury directions were proper; verdicts were not inconsistent.

Court Disposition

appeals and renewed application for leave to appeal dismissed

Orders

  • No case to answer submissions refused
  • Convictions and sentences upheld