DPP v Morgan [1975]

Facts

  • The defendants were all convicted of rape
  • The judge directed that a belief in consent must both be honest and reasonably held

Issue

  • Did the defendants have the requisite mentes reae for rape?

Decision

  • No

Reasoning

  • Consent requires only the defendant’s honest belief
  • This case has been rejected by the Sexual Offences Act 2003
RELATED CASE  R v Constanza [1997]

Posted in Criminal Law Revision Notes.

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