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R v Bree

[2007] EWCA Crim 804

Case summary last updated at 14/01/2020 20:17 by the Oxbridge Notes in-house law team.

Judgement for the case R v Bree

 V was very drunk and agreed to have sex with D. CA acquitted D of rape saying that consent was valid if someone had the capacity to give consent (e.g. old enough, mental capacity etc). If someone was unconscious from drink then they clearly couldn’t give consent, just as a sleeping person couldn’t consent. However if one, while drunk voluntarily, gave consent, that IS valid consent. 

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