B (A Minor) v. Director Ov Public Prosecutions House Of Lords

1 All E.R. 833 (2000)

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Nature of the Case

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Facts

B, a 15-year-old boy, sat next to a 13-year-old girl on a bus. He asked her several times to perform oral sex with him. She refused. B was charged with inciting a girl under the age of 14 to commit an act of gross indecency. B had honestly believed that the girl was over 14. The justices ruled that the offense was one of strict liability. Thus, a mistaken belief as to the age of the victim could not amount to a defense. B changed his plea to guilty. He subsequently appealed by way of case stated to the Divisional Court of Queen's Bench, which Court upheld the justices' ruling, holding that the purpose and effect of section 1(1) was to offer protection to children under the age of 14, whether or not the defendant knew of the age of the victim, so that there were no grounds for implying into the section a defense found on mistaken belief or lack of knowledge of the victim's age. On appeal therefrom to the House of Lords.