Read the full judgment text of CACC 000532/1994 on BabelCite. This Court of Appeal judgment was delivered on 4 May 1995 before Power Ag. C.J., Litton V.-P., Bokhary J.A..
Criminal law – indecent assault – rape – consent – forensic evidence – appeal – leave to appeal – conviction – Court of Appeal – applicant climbed into complainant's flat – threatened baby with knife – sexual intercourse – complainant's testimony accepted by jury – applicant's police statement admitted intercourse but denied threats – applicant did not give evidence – absence of forensic evidence irrelevant where identity and occurrence of intercourse not in issue – only issue was consent – overwhelming evidence of non-consent – application dismissed.
Legal issues: Consent in sexual offences · Relevance of forensic evidence
Outcome: Application for leave to appeal against conviction dismissed.