R v DICA

R v DICA

1. Trial

   • First Instance
     • Crown court
     • Convicted of 2 counts of GBH
     • 8 years
   • Defence
     • 2 women had consented
   • Court of Appeal
     • Judge misdirected the jury
     • Ordered a retrial
     • Confirmed he was guilty
     • Lesser sentence
       • 1 and a half years
   • Outcome
     • Overruled Clarence
       • R v R
         • Outdated offence
     • No informed consent
     • Obiter statement: The principles in Brown said consent was no defence to a section 18 offence

2. Informed Consent

   • Yes
     • Can use defence
       • Should have told the women
   • No
     • No defence
       • They were not fully aware

3. Links to Cases

   • Krozani 2005
   • Olugboja 1982
   • Currier 1998
   • Clarence 1888

4. Link to source

   • 2

5. Development of Consent

   • Sexual intercourse and consent
   • Informed consent
   • Offences Against the Person
     • Created new offence of biological GBH
     • Charged under s.20