Criminal Law CASE BRIEF: B (A Minor) v.

Director of Public Preosectuions Chapter 3: Defining Criminal Conduct The Elements of Just Punishment Section D: Culpability 1. Mens Rea Culpable Mental States b. Mistake of Fact Page: 243

CITATION: B v. Director of Public Prosecutions, 1 All E.R. 833 (House of Lords, 2000). PARTIES: House of Lords B (a minor) plaintiff/[P or ]/appellee defendant/[D or ]/appellant

PROCEDURE: At trial it was accepted that B honestly believed that the girl was over 14 years, but the trial justices ruled that his mistake could not constitute a defense. As a result B changed his plea from not guilty to guilty, preserving his right to appellate review. FACTS: B, a 15 year old boy, repeatedly asked a 13-year old girl to perform oral sex. The girl refused, and B was subsequently charged with inciting a child under the age of 14 to commit an act of gross indecency. At trial it was accepted that B honestly believed that the girl was over 14 years, but the trial justices ruled that his mistake could not constitute a defense. ISSUE: Was the trial court correct, in ruling that the boys mistake could not constitute a defense? Does the holding in R. v. Prince govern in this case, and if so, should the English courts continue to use it? HOLDING: No. No. No. The courts have been rejecting the reasonable belief approach and are preferring the honest belief approach.

RULE: Unless otherwise stated a Mens Rea is an essential element in a crime. REASONING: The purpose of this law is to protect children. The necessary mental element regarding the age ingredient is the absence of a genuine belief by the accused that the victim was 14 years of age or above

DISPOSITION: Appeal allowed DISSENT: Lord Steyn concurs: R. V. Prince is out of line with the modern trend in criminal law which is that a defendant should be judged on the facts as he believes them to be COMMENTS: We still use this case in some jurisdictions in the US, yet it is overturned in England where it originiated.

CLASS NOTES

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