K was aged 21 when he had intercourse with a girl under the age of 16 and faced counts of unlawful carnal knowledge and indecent assault, the facts relied on in relation to both sets of counts being the same. The mother of the victim gave evidence that at the time of the relevant events the girl looked 18, and but for the recent increase in the minimum age of marriage the two would have been married. The defendant was acquitted on the carnal knowledge count, no doubt in reliance on the statutory defence, but was convicted on the indecent assault count.
Held: The 1922 Act was described as ‘grotesque’ and the legislation as ‘amazing’. However the conviction was upheld and the sentence of one month’s imprisonment reduced to one day, which permitted the immediate discharge of the defendant.
Judges:
Lord Hewart CJ
Citations:
(1929) 21 Cr App R 125
Cited by:
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.
Crime
Updated: 13 May 2022; Ref: scu.220566
