Regina v Avanzi [2014] extempore; [2014] WLR (D) 55
‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’
WLR Daily, 6th February 2014
Source: www.iclr.co.uk
