P.G. -v- Ireland & Ors [2005] IESC 47 (12 July 2005)

P.G. -v- Ireland & Ors [2005] IESC 47 (12 July 2005)

Section 1(1) of the Criminal Law (Amendment) Act, 1935 does not expressly or by necessary implication exclude the requirement of mens rea regarding the age of the complainant. The presumption of mens rea applies, and a defence of honest mistake as to age is available. The exclusion of such a defence would be inconsistent with constitutional principles of due process and fairness.

Citation
[2005] IESC 47
Parties
Applicant/appellant: P. G.; Respondents: Ireland, the Attorney General, and The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
12 July 2005
Procedural Posture
Appeal (from High Court to Supreme Court) / Judgment on Appeal
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Mens Rea, Strict Liability, Sexual Offences, Statutory Interpretation, Mistake of Fact, Constitutionality of Criminal Statutes
Criminal Law Constitutional Law Mens Rea Strict Liability Sexual Offences Statutory Interpretation Mistake of Fact Constitutionality of Criminal Statutes

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Parties

P. G.

Applicant/appellant

Ireland, the Attorney General, and The Director of Public Prosecutions

Respondents

Procedural Posture

Appeal (from High Court to Supreme Court) / Judgment on Appeal

Legal Issues

  1. 1 Whether s.1(1) of the Criminal Law (Amendment) Act, 1935 creates an offence of strict liability or requires proof of mens rea regarding the age of the complainant
  2. 2 Whether the exclusion of a defence of mistake as to age is repugnant to the Constitution

Ratio Decidendi

Section 1(1) of the Criminal Law (Amendment) Act, 1935 does not expressly or by necessary implication exclude the requirement of mens rea regarding the age of the complainant. The presumption of mens rea applies, and a defence of honest mistake as to age is available. The exclusion of such a defence would be inconsistent with constitutional principles of due process and fairness.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Declaration that a defence of honest mistake as to age is available under s.1(1) of the Criminal Law (Amendment) Act, 1935
  • Remit for further proceedings consistent with this judgment