B. (A Minor) v. Director of Public Prosecutions
1 All E.R. 833 (2000)
B was a 15 year-old who
attempted to coerce a 13 year-old into sex. He was arrested and charged
with inciting a child to commit an act of gross indecency.
At Trial, B argued that he had
honestly believed the girl was over 14. The Trial Judge ruled that a mistake
of fact could not constitute a
defense.
The Judge relied on Regina
v. Prince (L.R. 2 Cr. Cas. Res. 154
(1875)).
B pled guilty and then
appealed.
The British House of Lords
reversed the Trial Judge and allowed the appeal.
The House of Lords found
that is necessary for the prosecution to prove the absence of a genuine
belief on the part of the defendant, which did not have to be on
reasonable grounds, that the victim was 14 or over.
The House of Lords found
that mens rea is an essential
ingredient unless Parliament has indicated a contrary intention either
expressly or by necessary implication.