R v Brown (Northern Ireland)

R v Brown (Northern Ireland)

Section 4 of the Criminal Law Amendment Acts (Northern Ireland) 1885-1923 does not require proof that the defendant lacked reasonable belief as to the age of the girl; strict liability applies and reasonable belief is not a defence.

Parties
Appellant: R; Respondent: Brown
Jurisdiction
England and Wales
Judgment Date
26 June 2013
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Mens Rea, Strict Liability, Sexual Offences, Statutory Interpretation
Criminal Law Mens Rea Strict Liability Sexual Offences Statutory Interpretation

Case Brief

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Parties

R

Appellant

Brown

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 4 of the Criminal Law Amendment Acts (Northern Ireland) 1885-1923 requires proof of mens rea as to the age of the victim
  2. 2 Whether reasonable belief as to the age of the girl is a defence to the charge under section 4

Ratio Decidendi

Section 4 of the Criminal Law Amendment Acts (Northern Ireland) 1885-1923 does not require proof that the defendant lacked reasonable belief as to the age of the girl; strict liability applies and reasonable belief is not a defence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; conviction stands.