CORRECT JURY DIRECTION IN RELATION TO CAPACITY TO CONSENT BY INTOXICATED COMPLAINANT

A jury had been given adequate directions in relation to the issue of consent before it found a defendant guilty of rape, assault by penetration and sexual assault following a sexual encounter at a party between the defendant and a woman who was heavily intoxicated. The judge had fully dealt with the elements of capacity and it had not been necessary for him to indicate that a drunken consent remained a consent.