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
Summary, issues, holding and outcome
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Parties
Nicholas Watson
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge's summing up adequately addressed the significance of text messages to the issue of consent
- 2 Whether the judge failed to summarise evidence supporting reasonable belief in consent
- 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
Full Case Text
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