R v Bree [2007] EWCA Crim 804

Court of Appeal

Facts: The case concerned whether consent given while intoxicated was valid. The complainant’s level of intoxication was questioned regarding her ability to give valid consent.

Held: The Court of Appeal confirmed that consent given while intoxicated is still valid as long as the person is capable of understanding the nature of the act. The court established that intoxication alone does not necessarily invalidate consent.

Key Quote: The Court stated that "consent given while intoxicated does not automatically invalidate the consent unless the person is incapable of understanding the nature of the act."

💡Leveluplaw: This case reinforced the principle that intoxicated consent remains valid unless it impairs the person’s capacity to understand the act.