SZ, R. v

SZ, R. v

The judge's directions, when read as a whole, left the jury in no doubt that the prosecution had to prove lack of consent and lack of reasonable belief in consent to the criminal standard; no issue was withdrawn from the jury.

Parties
Appellant: S Z; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Consent, Reasonable Belief, Jury Directions, Evidential Presumptions
Criminal Law Rape Consent Reasonable Belief Jury Directions Evidential Presumptions

Case Brief

Summary, issues, holding and outcome

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Parties

S Z

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in directing the jury on consent and reasonable belief in consent under section 75 of the Sexual Offences Act 2003
  2. 2 Whether sufficient evidence was adduced to raise an issue as to consent and reasonable belief

Ratio Decidendi

The judge's directions, when read as a whole, left the jury in no doubt that the prosecution had to prove lack of consent and lack of reasonable belief in consent to the criminal standard; no issue was withdrawn from the jury.

Court Disposition

appeal dismissed

Orders

  • conviction upheld