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Judge properly charged the jury in relation to consent in rape and sexual assault conviction
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Court of Appeal dismisses appeal of conviction and appeal (on grounds of undue leniency) of sentence of six years imprisonment imposed for rape and sexual assault, finding that: a) the trial judge properly charged the jury in relation to consent; and b) the sentence was lenient, but not unduly so, and the sentencing judge took into account all the relevant factors when passing sentence.
Criminal law – conviction appeal – sentencing – undue leniency – whether a sentence of six years imprisonment imposed for rape and sexual assault was unduly lenient – rape contrary to s. 4 of the Criminal Law (Rape) (Amendment) Act 1990 – sexual assault contrary to s. 2 of the Criminal Law (Rape) (Amendment) Act 1990 – trial judge properly charged jury in relation to consent – appeal against conviction dismissed – sentence was lenient but not unduly lenient – appeal dismissed.
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