R v DICA

R v DICA

Trial
1. First Instance
  1. Crown court
  2. Convicted of 2 counts of GBH
  3. 8 years
2. Defence
  1. 2 women had consented
3. Court of Appeal
  1. Judge misdirected the jury
  2. Ordered a retrial
  3. Confirmed he was guilty
  4. Lesser sentence
    1. 1 and a half years
4. Outcome
  1. Overruled Clarence
    1. R v R
      1. Outdated offence
  2. No informed consent
  3. Obiter statement: The principles in Brown said consent was no defence to a section 18 offence
Informed Consent
1. Yes
  1. Can use defence
    1. Should have told the women
2. No
  1. No defence
    1. They were not fully aware
Links to Cases
1. Krozani 2005
2. Olugboja 1982
3. Currier 1998
4. Clarence 1888
Link to source
1. 2
Development of Consent
1. Sexual intercourse and consent
2. Informed consent
3. Offences Against the Person
  1. Created new offence of biological GBH
  2. Charged under s.20

Resource summary

	Created by ellenclare almost 8 years ago