Fernandes v AG [2021] JCA 164 (07 June 2021)

Fernandes v AG [2021] JCA 164 (07 June 2021)

There was sufficient evidence for the jury to conclude the complainant did not consent and was incapable of consenting due to intoxication; the appellant's belief in consent was not reasonable in the circumstances; the verdicts on the two counts reflected the differing evidence and were not inconsistent; no miscarriage of justice or error of law occurred.

Citation
[2021] JCA 164
Parties
Appellant: Mark Fernandes; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
07 June 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal dismissed
Legal Topics
Rape, Consent, Intoxication, Reasonable Belief, Jury Directions, Inconsistent Verdicts
Criminal Law Rape Consent Intoxication Reasonable Belief Jury Directions Inconsistent Verdicts

Case Brief

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Parties

Mark Fernandes

Appellant

The Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient evidence for the jury to convict on the issue of consent
  2. 2 Whether the jury gave sufficient weight to evidence supporting the appellant's belief in consent
  3. 3 Whether the jury's verdicts on two counts were logically inconsistent

Ratio Decidendi

There was sufficient evidence for the jury to conclude the complainant did not consent and was incapable of consenting due to intoxication; the appellant's belief in consent was not reasonable in the circumstances; the verdicts on the two counts reflected the differing evidence and were not inconsistent; no miscarriage of justice or error of law occurred.

Court Disposition

application for leave to appeal dismissed