R v Bree [2007]

1. Facts:

• Scenario: The case addressed whether drunkenness affects the validity of consent.

• Key Point: Drunken consent is still considered consent.

• Issue: Determining the level of intoxication that affects consent is a matter for the jury to decide.

2. Outcome:

• Decision: The court upheld the principle that consent given while drunk can still be valid, and there is no fixed threshold for what level of intoxication affects consent.

3. Impact and Analysis:

• Consent and Intoxication: The case reinforces that drunkenness alone does not automatically invalidate consent.

• Judicial Approach: It leaves the assessment of consent in cases of intoxication to the jury, without a rigid framework for determining the impact of drunkenness.