Practice and Procedure

R v LEWIS MBA (2012)

PUBLISHED December 4, 2012

[2012] EWCA Crim 2773

Despite certain deficiencies in a judge's summing up on the issue of consent in relation to a rape charge, the subsequent conviction for rape was safe because it was clear that the jury were satisfied, to the requisite standard, that the accused had inflicted upon the victim such violence as clearly negated any question of consent on her part, or reasonable belief in her consent on his part.

CA (Crim Div) (McCombe LJ, Cranston J, Sir David Calvert Smith)