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Regina v. Cogan and Leak

Court of Appeal

1 Q.B. 217 (1976)

Relevant factsFree

Leak told his wife that Cogan (defendants) wanted to have sex with her and that she would let him, then held her down while Cogan raped her as she sobbed throughout. Cogan was convicted of rape but that conviction was later overturned after a separate ruling held that even an unreasonable belief in consent defeats a rape charge; Leak was separately convicted of aiding and abetting the rape. Leak appealed, arguing he could not be guilty of aiding and abetting a rape that, legally, Cogan was acquitted of committing.

IssueFree

Whether an individual can be convicted of aiding and abetting a crime when the person who directly committed the crime was acquitted of it.

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