Mba, R. v [2012] EWCA Crim 2773 (04 December 2012)

Mba, R. v [2012] EWCA Crim 2773 (04 December 2012)

Despite deficiencies in the judge's directions, the conviction is safe because the jury's verdict on grievous bodily harm with intent demonstrates they were satisfied to the requisite standard that violence negated consent or reasonable belief in consent; the evidence was sufficient to compel a guilty verdict.

Source-derived case information.

Citation
[2012] EWCA Crim 2773
Parties
Appellant: Lewis Mba; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
04 December 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Grievous Bodily Harm, Consent, Evidential Presumption, Jury Directions
Criminal Law Rape Grievous Bodily Harm Consent Evidential Presumption Jury Directions

Source-derived case record

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lewis Mba

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's directions on consent and evidential presumption under section 75 of the Sexual Offences Act 2003 were flawed
  2. 2 Whether the conviction for rape is unsafe due to alleged misdirection

Ratio Decidendi

Despite deficiencies in the judge's directions, the conviction is safe because the jury's verdict on grievous bodily harm with intent demonstrates they were satisfied to the requisite standard that violence negated consent or reasonable belief in consent; the evidence was sufficient to compel a guilty verdict.

Court Disposition

appeal dismissed

Orders

  • conviction for rape upheld
  • no change to sentence