Interesting, but also confusing reading for somebody who lives in a jurisdiction that practices civil law without juries.
regards,
Hein
I'm sure you know that we have two systems. The magistrates court, where 3 locally drawn well-to-do nice "folk" sit in minor cases that may involve sentences up to 1 years imprisionment. Shoplifting and minor physical bust ups. And beyond that, the most serious types (about 5% of cases) we have "Crown Court" that have a jury system that should randomly select 12 persons "good and true" to look at "all" of the evidence. However because none of them are experts in the law they are directed by the single judge to come to single conclusion (or a majority verdict) A poor judge will often fail to get the jury to reach the right verdict. Thus miscagage of justice is always ever present. Judges are often old and fuddy-duddy, some have been known to fall asleep during the case causing the whole trial to stopped and then be restarted at a later date with a new judge and jury. This jury did not fully take into account that her alcohol test showed no signs. If she was very drunk at 3am then there might be a case to answer. It's thought she had had 5 units of alcohol at the time of consenting. Semi comatose would be more in line with above 15 units consumed. At that rate she would have tested positive nine hours later and then quite rightly have been able to rely on the lapse in memory. Thus, to claim memory loss and yet test negative for alcohol busts her case and I put it to you, that it goes to prove that she would be able to give consent and even very well remember going so.
She remembered where she left her pizza in reception and was very able to walk in high heels all the way back to get it.
Only a little lie...