R v A (G) (2014)
The court gave guidance regarding the assessment of a complainant’s mental capacity in a criminal trial when the alleged offences involved proof of a lack of consent.
R (on the application of MINTER) (Appellant) v CHIEF CONSTABLE OF HAMPSHIRE (Respondent) & SECRETARY OF STATE FOR THE HOME DEPARTMENT (Interested Party) (2013)
The whole of the term of an extended sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.85 constituted the term for which a person was “sentenced to imprisonment” for the purposes of determining the notification period under the Sexual Offences Act 2003 s.82(1). There was nothing arbitrary or disproportionate about the imposition of […]
R v DM (2011)
Where a defendant had taken indecent photographs of a 17-year-old girl following intercourse on a “one night stand”, the judge had been correct to reject an argument that the situation came within the terms of the defence set out in the Protection of Children Act 1978 s.1A.
R v HARVINDER SINGH JHEETA (2007)
In circumstances where an offender had deceived a complainant and pressured her into having sexual intercourse more frequently than she would have done otherwise, the conclusive presumption under the Sexual Offences Act 2003 s.76 had no application as the complainant had not been deceived as to the nature or purpose of sexual intercourse.
R v BENJAMIN BREE (2007)
If, through drink, or for any other reason, a complainant had temporarily lost her capacity to choose whether to have sexual intercourse, she was not consenting, and subject to the defendant’s state of mind, if intercourse took place, that would be rape. However, where a complainant had voluntarily consumed substantial quantities of alcohol, but nevertheless […]
R V B (2005)
There was no power to add an extended sentence to a detention and training order under the Powers of Criminal Courts (Sentencing) Act 2000 s.85 .