The defendant had been convicted of indecent assault upon a boy aged under 16. He appealed saying that no account had been taken of the fact that he had believed the boy to be eighteen.
Held: Following R v K, that the defendant had been entitled to have tested by the court that belief. It was for the prosecution to establish that he did not have that belief.
Judges:
Lord Justice Pill, Mr Justice Nelson and Mr Justice McCombe
Citations:
Times 26-Jun-2002
Jurisdiction:
England and Wales
Citing:
Cited – Regina v K HL 25-Jul-2001
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 21 August 2022; Ref: scu.174081
