Regina v Kumar: CACD 16 Dec 2004

The defendant appealed a conviction for buggery of a complainant under the age of 16, saying that he had a genuine belief that the boy had been of age.
Held: Buggery was not an absolute offence. The amendments to the 1956 Act did not signify that the age related offence should be one of strict liability. Mens rea was required, and that was negatived by a genuine belief on the defendant that the complainant was of age.


Mr Justice Gage Lord Justice Nelson Field Mr Justice Field


Times 10-Jan-2005, [2004] EWCA Crim 3207




Sexual Offences Act 1956 12, Criminal Justice and Public Order Act 1994, Sexual Offences (Amendment) Act 2000


England and Wales


CitedRegina 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 . .
CitedB (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .

Cited by:

CitedBrown, Regina v (Northern Ireland) SC 26-Jun-2013
The complainaint, a 13 year old girl had first said that the defendant had had intercourse with her againt her consent. After his arrest, she accepted that this was untrue. On being recharged with unlawful intercourse, he admitted guilt believing he . .
Lists of cited by and citing cases may be incomplete.


Updated: 23 July 2022; Ref: scu.221497