Watson v R

Watson v R

The conviction is unsafe due to deficiencies in the summing up, specifically the failure to adequately address the significance of text messages to consent, omission of evidence supporting reasonable belief in consent, and a confusing direction on consent.

Parties
Appellant: Nicholas Watson; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
27 March 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal allowed
Legal Topics
Rape, Assault by Penetration, Consent, Sexual Offences Prevention Order, Restraining Order, Summation, Reasonable Belief in Consent, Corroboration Warning

Case Brief

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Parties

Nicholas Watson

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

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

Ratio Decidendi

The conviction is unsafe due to deficiencies in the summing up, specifically the failure to adequately address the significance of text messages to consent, omission of evidence supporting reasonable belief in consent, and a confusing direction on consent.

Court Disposition

appeal allowed

Orders

  • convictions for rape and assault by penetration quashed
  • sentence of 10 years imprisonment quashed