R v Bree [2007] EWCA Crim 804

Facts

  • Both Bree and the complainant consumed large amounts of alcohol.
  • The complainant alleged sexual assault, maintaining she did not consent.
  • Bree asserted the sexual act was consensual.
  • The trial judge’s directions to the jury regarding consent and intoxication were ambiguous.
  • The case was appealed on the grounds that the jury had not been properly instructed about the link between intoxication and consent.

Issues

  1. Whether voluntary intoxication can prevent a complainant from having the capacity to consent to sexual activity.
  2. What level of intoxication negates the ability to make a decision to consent.
  3. Whether poor decisions made under the influence of alcohol equate to lack of consent.
  4. Whether the jury had received adequate guidance on assessing consent where alcohol was involved.

Decision

  • The Court of Appeal held that voluntary consumption of alcohol does not necessarily negate consent.
  • Consent remains valid unless the complainant was so intoxicated that she lacked the capacity to choose to consent.
  • Poor or uncharacteristic decisions due to intoxication do not, in themselves, amount to a lack of consent.
  • Juries must consider all evidence, including the level of intoxication, to determine whether the complainant could make a free choice.
  • The appeal was allowed due to inadequate direction to the jury.

Legal Principles

  • Consent in sexual offences depends on the complainant’s ability to make a free choice, not simply on the fact of intoxication.
  • Extreme intoxication may vitiate capacity to consent, but lesser degrees do not.
  • The focus is on the complainant’s mental capacity to choose, not merely poor judgment or regret after the event.
  • Juries must assess all circumstances, including behaviour and levels of intoxication, when determining the presence or absence of consent.
  • The decision distinguishes between incapacity to consent and impaired judgment.

Conclusion

The Court of Appeal clarified that, in cases involving voluntary intoxication, only a level of drunkenness that deprives a person of the capacity to choose negates consent; juries must carefully scrutinize the facts to determine capacity rather than equating drunkenness or regretted decisions with lack of consent.

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