Mba, R. v

Mba, R. v

Despite deficiencies in the summing-up on consent, the conviction is safe because the jury's verdict on the grievous bodily harm count demonstrates they were satisfied beyond reasonable doubt that the appellant inflicted violence that negated any question of consent or reasonable belief in consent.

Parties
Respondent: Regina; Appellant: Lewis Mba
Jurisdiction
England and Wales
Judgment Date
04 December 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Rape, Consent, Evidential Presumptions, Sexual Offences Act 2003, Grievous Bodily Harm
Criminal Law Rape Consent Evidential Presumptions Sexual Offences Act 2003 Grievous Bodily Harm

Case Brief

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Parties

Regina

Respondent

Lewis Mba

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on the issue of consent under section 75 of the Sexual Offences Act 2003
  2. 2 Whether the conviction for rape is unsafe due to the summing-up on consent

Ratio Decidendi

Despite deficiencies in the summing-up on consent, the conviction is safe because the jury's verdict on the grievous bodily harm count demonstrates they were satisfied beyond reasonable doubt that the appellant inflicted violence that negated any question of consent or reasonable belief in consent.

Court Disposition

Appeal dismissed; conviction upheld.