In a rape trial the Crown did not have to chose whether it was proceeding on the basis of the "knowing" or "reckless" elements of mens rea, and even if it had not put recklessness in cross-examination it was proper and indeed necessary for the issue to be left to the jury.

CA (Crim Div) (Henry LJ, Poole J, Sir Brian Smedley)

13/12/2000