In R v HLN [2023] EWCA Crim 1356, the defendant to criminal charges of rape found himself in an awkward position when his reaction at a sentencing hearing was misinterpreted by the judge. The fact that this could have been avoided is an object lesson for those who practice in the field of criminal law.
The defendant had pleaded guilty to two charges of rape against his former partner. However, there seemed to be some confusion as to the basis of the plea, which had not been reduced into writing.
It is important to understand the background to the case. The relationship between the parties commenced in 2016. It was alleged that shortly afterwards, the defendant had raped the victim while she was asleep, a fact only realised when the victim awoke later and discovered a discharge in her underwear. The relationship between the parties nevertheless continued and they had a daughter together. However, by 2019 the relationship had deteriorated and the
