R v Hysa 
- 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
- Was this direction incorrect?
- 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
Posted in Criminal Law Revision Notes.
This page was last updated on 29th December 2014