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B (a minor) v. Director of Public Prosecutions

House of Lords

[2000] 1 All E.R. 833

Relevant factsFree

B (defendant), a 15-year-old, was charged under the Indecency with Children Act 1960 for repeatedly asking a 13-year-old girl to perform oral sex. B testified he honestly believed the girl was over 14, but the trial justices ruled that belief was not a defense, leading B to change his plea to guilty while preserving his right to appeal.

IssueFree

Whether an honest belief that a victim was over the statutory age is a defense to a criminal charge under a statute that is silent on the required mental state.

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