Sawdust, do you have an explanation legality wise for the contradiction of Natalie Connelly being too drunk/doped up to stop him (and to the extent that it was cited as contributing towards her death), and the fact that legally one cannot consent to sex (making the "consensual" sex they had become rape) when under such a significant amount of alcohol/drugs?
The Court is being asked to look at the events throughout the evening when she died. It seems that they were both very drunk. They arrived home drunk and kept on drinking and (in the context of sex) at some stage a point will be reached when consent “in law” can no longer be given through intoxication, but consent “in fact” is still / or may still be there.
But, as to the injuries, at no stage of this evening could Natalie consent “in law” to any injury from ABH onwards – just cant happen “in law”, so when Broadhurst does so, he is acting unlawfully. But “in fact” she may have been consenting to the injuries. The lack of consent “in law” is a question as to whether or not there is a defense – as she cannot provide consent “in Law”, there can not be a defense. But if “in fact” she was consenting, this can then be relevant to the sentence once guilt is established. Some question, different objectives.
If you want to discuss rape – at what point of the evening does consent “in law” fade to zero through intoxication AND did they have sex beyond that point.