R v Hysa [2007]

Facts

  • The victim has been drinking heavily and so could not remember saying no to sexual intercourse
  • The jury was directed that not enough evidence was provided to secure a conviction

Issue

  • Was this direction incorrect?

Decision

  • Yes

Reasoning

  • It is for the jury to decide whether there is enough evidence to find consent and then whether there was consent
  • The jury may look to the surrounding circumstances in finding consent
RELATED CASE  R v Smith [2000]

Posted in Criminal Law Revision Notes.

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