ABSTRACT
The chapter discusses the criminal liability of Spitoon and John for offences contrary to the Offences Against the Person Act 1861. It is generally assumed by commentators the approach to intention adopted by the House of Lords in Woollin, in respect of murder, applies also to this offence. As far as the mens rea for this offence is concerned, it is sufficient to prove that the defendant intended or foresaw the risk of some harm, not necessarily serious harm. The Home Affairs Committee, in its report the Sexual Offences Bill expressed the view that the test allowed the jury to take into account characteristics of the defendant and, Beverley Hughes, the Minister for Citizenship and Immigration stated that it would be for the judge or jury to take into account any characteristics or circumstances that they wished to. However, intoxication of the defendant may not be taken into account when assessing the reasonableness of a mistake as to consent.
