Regina v. Prince, (1875) p238.
Facts:
Henry Prince was charged with having unlawfully taken one Annie Phillips, an unmarried girl, being under the age of 16 years out of the possesion and against the will of her father. Phillips was actually 14 but looked very much older than 16. She had told D she was 18 and D believed her.
Procedure:
Issue:
Can D be punished because he believed Phillips was 18 although she was really 14?
Rule:
Holding:
The man who has connection with a girl does so at his peril. Not knowing is not an excuse.
Rationale:
A crime cannot depend upon knowledge of the accused of the girl's actual age. This was not the legislature's intention.
Policy/Notes: