Practice and Procedure

R v THOMAS PATRICK MALONE (1998)

PUBLISHED May 1, 1998
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It was not the law in cases of rape that the prosecution, in order to obtain a conviction, has to show that the complainant was either incapable of saying no or putting up some physical resistance or did say no or put up some physical resistance, although there should be some evidence of lack of consent.

CA (Crim Div) (Roch LJ, Sachs J, Collins J)

01/05/1998

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