Source: All England Reporter
Publisher Citation: [2006] All ER (D) 185 (Apr)
Neutral Citation: [2006] EWCA Crim 821
Court: Court of Appeal, Criminal Division

Lord Phillips of Worth Matravers CJ, Andrew Smith and Wilkie JJ

Representation Timothy Owen QC and Rebecca Trowler (assigned by the Registrar of Criminal Appeals) for the defendant.
  Louise Kamill and Ishan Kolhatkar (instructed by the Crown Prosecution Service) for the Crown.
  Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department.
Judgment Dates: 12 April 2006


Criminal law - Rape - Consent - Rape of child under 13 - Reasonable belief in complainant's age being over 13 - Whether offence of strict liability - Whether provision breaching defendant's right to fair trial - Whether right to fair trial engaging content and interpretation of domestic substantive law - Whether right to respect for private life engaged - Whether consequences capable of justification - Sexual Offences Act, ss 5, 9, 13 - European Convention on Human Rights, arts 6, 8.

The Case

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