R v Tyrrell [1894] 1 QB 710

Facts

  • The defendant, a girl under sixteen, was charged with aiding a man to commit unlawful sexual intercourse with her, contrary to Section 4 of the Criminal Law Amendment Act 1885.
  • The issue before the Court of Crown Cases Reserved was whether a girl could be convicted as a secondary party to an offence in which she was the statutory victim.

Issues

  1. Whether a victim can be convicted as a secondary party to an offence committed against them.
  2. Whether a girl under sixteen could be guilty of aiding the commission of unlawful sexual intercourse with herself under the 1885 Act.

Decision

  • The Court held that the girl could not be convicted as a secondary party to the offence committed against her.
  • The judges reasoned that the purpose of the statute was to protect young girls, making it inconsistent to treat the protected person as an accomplice.
  • The Court confirmed that victims do not possess the necessary intent to aid crimes perpetrated on themselves.

Legal Principles

  • Victims of an offence cannot be convicted as secondary parties to that offence.
  • The principle is based on the inconsistency of being both the person harmed and an accessory to the crime.
  • The law protects victims from secondary party liability, as their conduct is seen as submission rather than assistance.
  • The distinction between genuine consent (potentially negating an offence) and mere submission under force or deception is critical; only genuine consent, where legally relevant, excuses liability.
  • The rule from R v Tyrrell has been affirmed in subsequent cases, reinforcing its authority in English criminal law.

Conclusion

R v Tyrrell [1894] 1 QB 710 established that victims cannot be convicted as secondary parties to crimes against themselves, thereby upholding the protective intent of criminal statutes and preventing unjust punishment of those whom the law seeks to safeguard.

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