Watson v R [2015] EWCA Crim 559 (27 March 2015)

Watson v R [2015] EWCA Crim 559 (27 March 2015)

The conviction is unsafe because the judge's summing up failed to adequately draw together the defence case regarding the complainant's credibility and the significance of the text messages, and failed to properly direct the jury on reasonable belief in consent and the legal meaning of consent.

Citation
[2015] EWCA Crim 559
Parties
Appellant: Nicholas Watson; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
27 March 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; convictions quashed; SOPO quashed; Restraining Order amended
Legal Topics
Rape, Assault by Penetration, Consent, Summing Up, Sexual Offences Prevention Order, Restraining Order, Appeal Procedure
Criminal Law Rape Assault by Penetration Consent Summing Up Sexual Offences Prevention Order Restraining Order Appeal Procedure

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nicholas Watson

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge's summing up adequately addressed the defence case regarding the complainant's credibility and the significance of text messages
  2. 2 Whether the direction on consent was legally accurate
  3. 3 Whether the judge failed to summarise evidence supporting reasonable belief in consent

Ratio Decidendi

The conviction is unsafe because the judge's summing up failed to adequately draw together the defence case regarding the complainant's credibility and the significance of the text messages, and failed to properly direct the jury on reasonable belief in consent and the legal meaning of consent.

Court Disposition

Appeal allowed; convictions quashed; SOPO quashed; Restraining Order amended

Orders

  • Convictions for rape and assault by penetration quashed
  • Sexual Offences Prevention Order quashed