The defendant was aged 22 and the child between 13 and 16. There were six counts, three of carnal knowledge, three of indecent assault, arising from the same facts. He was acquitted on the carnal knowledge counts, plainly because he made good the statutory defence. He was convicted on the three counts of indecent assault.
Held: It was argued that the defendant could rely on a defence of mistaken fact based on the child’s age. Despite the ‘apparent absurdity resulting from this state of legislation’ the appeal was dismissed. But the trial judge had passed a nominal sentence of two days’ imprisonment to run from the first day of the assizes and this resulted in the immediate discharge of the defendant. A reasonable and honest belief that a girl was over sixteen could never be a defence to a charge of indecent assault.
Judges:
Lord Hewart CJ, Avory and Roche JJ
Citations:
(1934) 24 Cr App R 130
Citing:
Binding – Rex v Forde CCA 1923
A man, under the age of 23, had intercourse with a 15 year-old girl. He was charged with offences against section 5(1) of the 1885 Act and section 52 of the 1861 Act, relating to the same act of intercourse. He pleaded not guilty to the first (more . .
Cited by:
Cited – B (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 – 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.195981