Hearings
England & Wales
12 Apr 2006 [2006] EWCA Crim 821; [2006] 1 WLR 2052; [2006] 2 Cr App R 270, CA
20 Jun 2006 (pet all) [2008] UKHL 37; [2009] AC 92; [2006] 1 WLR 3181; [2008] 1 WLR 1379; [2008] 3 All ER 1071; [2009] 1 Cr App R 97, HL(E)
R v G (Secretary of State for the Home Department intervening)
Subject Matter
CRIME — Sexual offences — Rape of child under 13 — Intentional penile penetration of child aged under 13 offence — No defence that defendant believed child to be over 13 — Boy aged 15 pleading guilty on basis of sexual intercourse by mutual agreement with girl he believed to be 15 — Whether strict liability offence conflicting with Convention right to fair trial and presumption of innocence — Whether prosecution disproportionate interference with Convention right to respect for private life — Human Rights Act 1998, Sch 1, Pt I, arts 6, 8 — Sexual Offences Act 2003, ss 5, 13
Appellate History
R v G (Secretary of State for the Home Department intervening) [2006] EWCA Crim 821; [2006] 1 WLR 2052; [2006] 2 Cr App R 270, CA
Decision of the Court of Appeal (Criminal Division) affirmed
R v G (Secretary of State for the Home Department intervening) [2008] UKHL 37; [2009] AC 92; [2006] 1 WLR 3181; [2008] 1 WLR 1379; [2008] 3 All ER 1071; [2009] 1 Cr App R 97, HL(E)
Commentary
Blackstones Criminal Practice 2025
Rape and other Offences against Children aged under 13 - Rape of a Child under 13 - Elements
B3.87
Summing-up - Summing-up Amounting to Direction D18.41
Strict Liability - Human Rights Compatibility A2.28