Source: All England Reporter
Publisher Citation: [2005] All ER (D) 126 (Nov)
Neutral Citation: [2005] EWCA Crim 2817
Court: Court of Appeal, Criminal Division

Hallett LJ, Silber J and Judge Patience QC

Representation Iain Ross (assigned by the Registrar of Criminal Appeals) for the defendant.
  David Jenkins (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 9 November 2005


Criminal law - Incitement - Commission of crime - Person incited incapable of committing offence incited - Buggery - Presumption that boy under 14 years incapable of sexual intercourse - Whether presumption meaning boy incapable of committing offence of buggery - Whether defendant guilty of incitement to commit buggery.

The Case

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