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R v Heard [2007] EWCA Crim 125

ResourcesR v Heard [2007] EWCA Crim 125

Facts

  • The appellant, Heard, was heavily intoxicated when he exposed himself and rubbed his penis against a police officer's thigh.
  • He was charged with sexual assault under section 20 of the Offences Against the Person Act 1861.
  • Heard argued that his extreme drunkenness prevented him from forming the necessary mental state for the offence.
  • The trial judge directed the jury that voluntary intoxication is not a defence to crimes of basic intent.
  • Heard was convicted and appealed against the conviction.

Issues

  1. Whether sexual assault under section 20 of the Offences Against the Person Act 1861 constitutes a basic or specific intent offence.
  2. Whether voluntary intoxication can be relied upon as a defence in such cases.

Decision

  • The Court of Appeal upheld the conviction, agreeing with the trial judge and jury.
  • It confirmed that sexual assault under section 20 OAPA 1861 is a basic intent offence.
  • The Court held that voluntary intoxication is not a defence to basic intent offences.
  • The Court emphasised the importance of protecting sexual assault victims, regardless of the offender’s intoxication.
  • Basic intent offences require proof that the defendant intentionally or recklessly performed the act, without the need to show an intent to achieve a specific further result.
  • Specific intent offences require an additional element of intent beyond the act itself.
  • Voluntary intoxication is not a defence to basic intent offences (citing DPP v Majewski [1977] AC 443 and R v Leary (1978) 1 SCR 29).
  • The focus for sexual assault is on the intentional or reckless touching, not on further specific intent or consequence.

Conclusion

The ruling in R v Heard [2007] EWCA Crim 125 confirms that sexual assault is a basic intent offence under section 20 OAPA 1861, meaning voluntary intoxication does not operate as a defence. The decision reinforces principles of accountability in sexual offences, ensuring that intoxication will not excuse or mitigate criminal liability in such cases.

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