[2012] EWCA Crim 1962

Although a judge in a rape trial had erred in not permitting the defendant to cross-examine on or adduce evidence about the complainant's alleged production and joint consumption of cocaine on the night in question on the incorrect basis that it was bad character evidence, in the absence of expert evidence about the likely effect of such consumption in the particular circumstances of the case, the evidence added nothing to the central issue of consent, and therefore the safety of the conviction was unaffected.

CA (Crim Div) (Moses LJ, Underhill J, Judge Melbourne Inman QC)

22/05/2012