R v Rhys Davenport
[2024] EWCA Crim 1084
Sexual Offences (Amendment) Act 1992: Restrictions on publishing information that could identify victims of sexual offences.
Sexual Offences (Amendment) Act 1992
Offences Against the Person Act 1861, Section 21: Attempts to choke, suffocate or strangle with intent.
Offences Against the Person Act 1861
Sexual Offences Act 2003, Section 2: Assault by penetration.
Sexual Offences Act 2003
Youth Justice and Criminal Evidence Act 1999, Section 41: Admissibility of evidence of prior sexual activity.
Youth Justice and Criminal Evidence Act 1999
The jury must consider each count separately and be sure of the absence of consent or the reasonable belief in consent for sexual offences.
Case Law Precedent (implied)
Appeal allowed; conviction on count 3 quashed.
The judge's directions to the jury were inadequate, failing to properly address the need to consider each count separately and the elements of consent/reasonable belief in consent for count 3. The Route to Verdict, combined with the judge's response to the jury's note, led to confusion and an unsafe conviction.
Retrial ordered on count 3.
The court determined that the conviction was unsafe due to flawed jury directions, necessitating a retrial to ensure a fair trial.