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R v Bree [2007]

Facts

  • In a rape case, after both drinking heavily, the defendant took the victim back to his house, washed her hair, lay her on his bed and had sexual intercourse with her
  • The judge failed to direct the jury that throughout the case, the prosecution retreated from asserting buy generic xanax online cheap that the victim was unconscious to merely stating that the victim had failed to remember whether she gave consent

Issue

  • Was the conviction on the basis of consent safe?

Decision

  • No

Reasoning

  • Drunken consent is still consent
  • There was not enough evidence to prove beyond reasonable that consent was not given
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