Regina v Daly: 1968

The court considered the availability of mistake as to consent as a defence to a charge of rape: ‘What the learned trial judge did in the present case was to omit from the definition of rape that he gave to the jury all reference to the element of intention … but to tell the jury that it was a defence to the charge of rape if the accused honestly believed on reasonable grounds that the girl was consenting. He also told them that the Crown had to satisfy them beyond reasonable doubt that the accused did not have such a belief. Even if it were proper to discuss the mental aspect of a charge of rape in terms of a defence of reasonable mistake of fact, this direction as to onus would be erroneous.’
Smith J
(1968) VLR 257
England and Wales
Cited by:
CitedRegina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .

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Updated: 09 May 2021; Ref: scu.258680