s.10

July 17, 2015

When dismissing an appeal against conviction for sexual activity involving children, including rape and trafficking within the UK for sexual exploitation, the court considered the issue of consent. Where a vulnerable or immature individual had allegedly been subjected to grooming for sexual purposes, the question of whether real or proper consent had been given would usually be for the jury to decide, unless the evidence clearly indicated that proper consent had been given.

April 28, 2010

Alleged offences relating to prostitution and people trafficking as specified in a European arrest warrant for which the appellant’s extradition to Lithuania was sought amounted to extradition offences by virtue of the Extradition Act 2003 s.64(3). All the conditions of s.64(3) had been met, notably as the conduct alleged in the warrant had partly occurred in Lithuania and would constitute one or more offences under English law.

December 16, 2004

On a charge of buggery with a male under the age of 16 pursuant to the Sexual Offences Act 1956 s.12 , an appellant was entitled to plead in defence that he honestly believed the complainant to be over the age of 16. The s.12 offence was not a strict liability offence.

October 14, 2004

It was impermissible for the Crown to prosecute a charge of indecent assault under the Sexual Offences Act 1956 s.14(1) in circumstances where the conduct upon which that charge was based was only an act of unlawful sexual intercourse with a girl aged under 16 in respect of which no prosecution could be commenced under s.6(1) of the Act by virtue of s.37(2) of, and Sch.2 to, that Act.

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