Flitter, R v [2000] EWCA Crim 68 (13th December, 2000)

The judge was right to leave recklessness to the jury as the prosecution had not abandoned it; the Crown's case was properly put on both knowledge and recklessness.

Citation: [2000] EWCA Crim 68
Parties: Appellant: JF; Complainant: Rebecca Middleton; Respondent: The Crown
Jurisdiction: England and Wales
Procedural Posture: Criminal Appeal / Appeal Against Conviction
Outcome: appeal dismissed
Legal Topics: Rape, Mens Rea, Recklessness, Consent

Criminal Law Rape Mens Rea Recklessness Consent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Appellant

Rebecca Middleton

Complainant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

1 Whether the trial judge erred in leaving recklessness to the jury when it was not part of the prosecution case

Ratio Decidendi

The judge was right to leave recklessness to the jury as the prosecution had not abandoned it; the Crown's case was properly put on both knowledge and recklessness.

Court Disposition

appeal dismissed