RS, R. v [2023] EWCA Crim 1182 (19 July 2023)

RS, R. v [2023] EWCA Crim 1182 (19 July 2023)

The conviction on count 3 is unsafe because the jury was not properly directed to consider the issue of consent and reasonable belief in consent separately for that count, and the Route to Verdict merged the facts of counts 1 and 3, leading to a real risk that the jury convicted without proper consideration of the legal elements.

Citation
[2023] EWCA Crim 1182
Parties
Prosecution: Rex; Appellant: RS
Jurisdiction
England and Wales
Judgment Date
19 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed; retrial ordered
Legal Topics
Jury Directions, Sexual Offences, Consent, Appeal Procedure
Criminal Law Jury Directions Sexual Offences Consent Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

RS

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge failed to properly direct the jury on the need to consider each count separately
  2. 2 Whether the trial judge failed to properly direct the jury on the need to be sure of the absence of consent or reasonable belief in consent for assault by penetration (count 3)

Ratio Decidendi

The conviction on count 3 is unsafe because the jury was not properly directed to consider the issue of consent and reasonable belief in consent separately for that count, and the Route to Verdict merged the facts of counts 1 and 3, leading to a real risk that the jury convicted without proper consideration of the legal elements.

Court Disposition

appeal allowed; conviction quashed; retrial ordered

Orders

  • Conviction on count 3 quashed
  • Retrial on count 3 ordered