R v Cogan and Leak [1976] QB 217

Facts

  • Leak persuaded and enabled Cogan to have sexual intercourse with Leak’s wife.
  • Cogan claimed he believed Leak’s wife consented to the act.
  • The jury acquitted Cogan of rape based on his honest but mistaken belief in consent, which negated mens rea.
  • Leak was convicted as an accessory to rape despite Cogan’s acquittal.
  • Leak appealed his conviction, arguing that without Cogan's conviction as principal, there could be no accessory liability.

Issues

  1. Whether an accessory can be convicted when the principal is acquitted due to a defense that removes mens rea for the principal offense.
  2. Whether procurement alone, combined with the accessory’s mens rea, is sufficient for liability when the principal lacks the required mens rea.

Decision

  • The Court of Appeal upheld Leak’s conviction as an accessory to rape.
  • The court held that the principal’s acquittal, due to a mistaken belief that negated mens rea, does not prevent the accessory’s liability if the accessory possessed the necessary mens rea and caused the actus reus to occur.
  • It was determined that Leak’s procurement, along with his knowledge of the lack of consent, made him liable regardless of Cogan’s belief about consent.

Legal Principles

  • Accessory liability can attach even if the principal is acquitted because a defense negates the principal’s mens rea.
  • Procurement involves actively causing an offense to occur and can result in liability for an accessory when the actus reus is completed by the principal.
  • The accessory’s responsibility and intent are prioritized over the outcome for the principal.
  • The case highlights a distinction from standard accessory liability, which usually requires a conviction of the principal.
  • R v Cogan and Leak has influenced later cases and academic analysis, confirming the accessory’s actions and intent as decisive.

Conclusion

R v Cogan and Leak established that an accessory may be convicted even if the principal is acquitted due to a defense negating mens rea, with liability hinging on the accessory’s procurement of the act and their own mens rea. This case has had a significant and lasting effect on the law of complicity in English criminal law.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal