Ugoh & Ors, R v [2001] EWCA Crim 1381 (14th June, 2001)

Ugoh & Ors, R v [2001] EWCA Crim 1381 (14th June, 2001)

The convictions were unsafe due to the improper admission of expert evidence regarding what others would have perceived about the complainant's ability to consent, compounded by the judge's failure to properly direct the jury on how to approach such evidence.

Citation
[2001] EWCA Crim 1381
Parties
Respondent: R.; Appellants: Ugoh & Others
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
convictions quashed
Legal Topics
Conspiracy to Rape, Admissibility of Expert Evidence, Unsafe Conviction, Consent in Sexual Offences
Criminal Law Conspiracy to Rape Admissibility of Expert Evidence Unsafe Conviction Consent in Sexual Offences

Case Brief

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Parties

R.

Respondent

Ugoh & Others

Appellants

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether expert evidence on complainant's ability to consent and its perceptibility to others was admissible
  2. 2 Whether the convictions were unsafe due to improper admission and handling of expert evidence
  3. 3 Whether the judge failed to properly direct the jury on expert evidence

Ratio Decidendi

The convictions were unsafe due to the improper admission of expert evidence regarding what others would have perceived about the complainant's ability to consent, compounded by the judge's failure to properly direct the jury on how to approach such evidence.

Court Disposition

convictions quashed

Orders

  • convictions quashed for all three appellants
  • no retrial ordered