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R v Clarkson [1971] 3 All ER 344

By Oxbridge Law TeamUpdated 04/01/2024 07:02

Judgement for the case R v Clarkson

Table Of Contents

  • Defendants watched X rape a woman and did nothing to stop him. However they did nothing to encourage the rape nor was there evidence to show that they intended to encourage the rape.

  • They were convicted but CA quashed convictions on basis that intent and act of encouragement had to be proved (not mere presence).

  • Of course there could be instances where mere presence was the purpose of the event (e.g. illegal prize fighting) and could be construed as encouragement. Not the case here. 

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