R v B [2013] EWCA Crim 3

Facts

  • The defendant suffered from delusions regarding his sexual abilities and spiritual influence.
  • He claimed that these delusions led him to genuinely believe that the complainant consented to sexual activity.
  • At trial, the judge directed the jury to disregard the defendant’s mental illness when determining if his belief in consent was reasonable.
  • The defendant appealed this direction, contending that his mental disorder should have been considered.

Issues

  1. Whether a jury should consider a defendant’s mental disorder when assessing the reasonableness of their belief in consent under section 1(1)(c) of the Sexual Offences Act 2003.
  2. Whether applying a purely objective standard, without reference to the defendant’s mental state, was correct.

Decision

  • The Court of Appeal allowed the appeal and overturned the conviction.
  • It held that the trial judge’s direction was incorrect: the reasonableness of the defendant’s belief in consent must be considered in light of the defendant’s mental disorder.
  • The court emphasised that while the standard is objective, the defendant's actual mental condition is relevant in determining whether the belief was reasonable.
  • The court instructed that juries should consider medical evidence about the disorder’s effects and assess the reasonableness of belief in consent from that standpoint.

Legal Principles

  • Section 1(1)(c) of the Sexual Offences Act 2003 requires proof that the defendant did not reasonably believe in consent.
  • The reasonableness test, though objective, must take into account the defendant’s mental disorder when relevant.
  • Delusional beliefs differ from merely unreasonable beliefs; a disorder may impact the perception of reality, affecting belief formation.
  • The ruling distinguishes R v B from earlier authority such as DPP v Morgan [1976] AC 182, which had applied a wholly objective test, instead incorporating the defendant’s mental state into the framework for evaluating reasonableness.

Conclusion

The Court of Appeal in R v B [2013] EWCA Crim 3 established that mental disorders affecting a defendant’s perception must be considered by juries when evaluating the reasonableness of their belief in consent under the Sexual Offences Act 2003, refining the legal approach to such cases.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal