Practice and Procedure

R v B (2006)

PUBLISHED October 16, 2006

[2006] EWCA Crim 2945

A defendant's failure to disclose his status as HIV positive did not affect the issue of consent in relation to a charge of rape and should have been excluded from a jury as unfairly prejudicial under the Police and Criminal Evidence Act 1984 s.78 .

CA (Crim Div) (Latham LJ, Henriques J, Gloster J)