The defendant appealed his conviction for inciting a 13 year old boy to bugger him.
Held: Under fourteen, there was a common law presumption that a child under 14 was incpable of sexual intercourse, and therefore it was not possible to incite him to it.
Judges:
Hallett LJ, Silber J, Patience J
Citations:
Times 29-Nov-2005
Statutes:
Sexual Offences Act 1993 1 2(2)
Jurisdiction:
England and Wales
Citing:
Criticised – Regina v Carr CACD 1968
The court was asked whether a person said to be incited to commit an offence was required to have the necessary mens rea to commit that offence. . .
Cited – Regina v Whitehouse CACD 1995
The defendant appealed his conviction of importuning his daughter to have sexual intercourse. She was under 15 at the time.
Held: Since the daughter could not at that age be guilty of such an offence, he could not be guilty either of . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 18 July 2022; Ref: scu.235949