Section 1(1) Indecency with Children Act 1960 was not a strict liability offence. A mistaken belief as to the age of the victim in s.1(1) of the 1960 Act could amount to a defence. Where Parliament had failed to state by express provision or by necessary implication that mens rea as to age was not necessary then the legal presumption that mens rea was required must be applied.

HL (Lord Irvine of Lairg LC, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hutton)

23/02/2000