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Criminal Law Keyed to Kadish
B (A Minor) v. Director of Public Prosecutions
Facts
A common law presumption of an objective standard no longer governs the mental state requirement for criminal statutes in a situation where Parliament fails to specify a mens rea requirement.15 years old B (D) was constantly pestering a 13 year old girl for oral sex. He was charged to court for inciting a child under the age of 14 to commit gross indecency after the girl refused his demands. An intention to commit the act with a child under the age of 14 as an element of crime was not expressly provided for in the statute under which he was prosecuted. B’s (D) honest belief that the girl was over 14 years of age was the defense he had during trial but this was rejected by the judges. B (D) pled guilty for the allegation while preserving his right to appeal the judgment. He later appealed the court’s rejection of his “honest belief” defense to the House of Lords.
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