R v Banks
| Jurisdiction | England & Wales |
| Court | Court of Appeal |
| Judgment Date | 1911 |
| Year | 1911 |
| Date | 1911 |
Criminal Law - Carnal Knowledge of Girl between Thirteen and Sixteen Years of Age - “Reasonable cause to believe” Girl Sixteen Years of Age - Duty of Counsel in Conduct of Prosecution -
By s. 5, sub-s. 1, of the Criminal Law Amendment Act, 1885, any person who unlawfully carnally knows any girl of or above the age of thirteen and under the age of sixteen years is guilty of a misdemeanour. By sub-s. 2 it is provided that it shall be a sufficient defence to a charge under sub-s. 1 that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years:—
Held, that in order to constitute a defence under sub-s. 2 the person charged must have reasonable cause to believe, and must in fact believe, that the girl was at least sixteen years of age.
Observations as to the duty of counsel for the prosecution at a criminal trial.
APPEAL by the prisoner against his conviction.
The prisoner was convicted on June 9, 1916, before Bray J. at the Worcester Assizes of having unlawful carnal knowledge of a girl of the age of fourteen years. At the trial the prisoner, who gave evidence, did not dispute that he had had connection with the girl, the only defence being that he “had reasonable cause to believe that the girl was of or above the age of sixteen years” within the meaning of s. 5, sub-s. 2, of the Criminal Law Amendment Act, 1885.F1 He said that he had no idea that the girl was under the age of sixteen and that he did not think about her age at all, but that she had the appearance of a girl of...
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...necessitates only the establishment ofthat cause objectively, and is independent of any actual subjectivebelief. Thus, in R. v. Banks [1916] 2 K.B. 621, and R. v. Harrison[1938]3 AllE.R.134., the Court of Criminal Appeal held thatthe words "had reasonable cause to believe" in section 5(1) o......