Hearings
England & Wales
14 Oct 1974 [1976] AC 182; [1975] 2 WLR 913; [1975] 1 All ER 8, CA
14 Oct 1974 [1976] AC 182; [1975] 2 WLR 913; [1975] 2 All ER 347; 61 Cr App R 136, HL(E)
R v Morgan (William Anthony)
Additional names
Director of Public Prosecutions v McDonald
Director of Public Prosecutions v McLarty
Director of Public Prosecutions v Morgan
Director of Public Prosecutions v Parker
Subject Matter
CRIME — Rape — Consent — Defendants' allegation that complainant consented — Whether burden of proving honest and reasonable belief in consent on defendants — Principles applicable — Application of proviso — Sexual Offences Act 1956, s 1 — Criminal Appeal Act 1968, s 2 (1)
Appellate History
R v Morgan (William Anthony) [1976] AC 182; [1975] 2 WLR 913; [1975] 1 All ER 8, CA
Decision of the Court of Appeal (Criminal Division) upheld for different reasons
R v Morgan (William Anthony) [1976] AC 182; [1975] 2 WLR 913; [1975] 2 All ER 347; 61 Cr App R 136, HL(E)
Commentary
Blackstones Criminal Practice 2025
Bigamy - Mens Rea
B2.154
Rape - Mens Rea B3.37
Prosecution of Historic Sexual Offences - Rape - Definition of Rape B3.383
The Mental Element Generally A2.1
Proof of Mens Rea A2.35
Defences Denying Basic Elements of Liability - Mistake and Inadvertence: Offences Requiring Intention or Foresight A3.2
Defences Denying Basic Elements of Liability - Mistake and Inadvertence: Offences Satisfied by Negligence A3.5
Defences Involving Other Excuses and Justifications - Self-defence, Prevention of Crime and Related Defences Generally - The Subjective Question: The Circumstances as the Accused Believes Them to Be A3.60
Prosecution of Historic Sexual Offences - Rape - Mental Element B3.387