Malone, R. v [1998] EWCA Crim 1462 (01 May 1998)
The trial judge correctly directed the jury on the law of consent in rape; there is no legal requirement for physical resistance or communication of non-consent. The evidence was sufficient for the jury to convict, and the conviction is not unsafe. The sentence was not manifestly excessive or wrong in principle.
- Citation
- [1998] EWCA Crim 1462
- Parties
- Respondent: Regina; Appellant: Malone
- Jurisdiction
- England and Wales
- Judgment Date
- 01 May 1998
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Consent, Sexual Offences, Appeal Procedure, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Malone
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge misdirected the jury on the issue of consent in rape
- 2 Whether there was sufficient evidence of lack of consent and the appellant's knowledge or recklessness as to consent
- 3 Whether the conviction was unsafe due to the complainant's evidence
Ratio Decidendi
The trial judge correctly directed the jury on the law of consent in rape; there is no legal requirement for physical resistance or communication of non-consent. The evidence was sufficient for the jury to convict, and the conviction is not unsafe. The sentence was not manifestly excessive or wrong in principle.
Court Disposition
Appeal dismissed
Orders
- Conviction upheld
- Sentence of six years' imprisonment upheld
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