B (a minor) v. Director of Public Prosecutions

[2000] 1 All E.R. 833

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B (a minor) v. Director of Public Prosecutions

House of Lords
[2000] 1 All E.R. 833

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Facts

B (defendant), a 15-year-old boy was charged with inciting a child under the age of 14 to commit an act of gross indecency, in violation of § 1(1) of the Indecency with Children Act 1960 (the Act) after he repeatedly asked a 13-year-old girl to perform oral sex. At trial, evidence showed that B honestly believed that the girl was over the age of 14. However, the trial justices ruled that B’s mistake did not constitute a defense. Consequently, B changed his plea from not guilty to guilty, preserving his right to appellate review.

Rule of Law

Issue

Holding and Reasoning (Nicholls, L.)

Concurrence (Lord Steyn)

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