R v Cogan and Leak [1976] QB 217
Judgement for the case R v Cogan and Leak
Table Of Contents
Cogan (C) was convicted of rape as principal and Leak (L) as an accessory (since he had procured C’s crime).
C’s conviction was later quashed and L appealed that his conviction should be quashed since he could not be an accessory where there was no principal.
CA dismissed his appeal on the grounds that it was against “justice and common sense” to acquit L on the basis of technicalities.
Lawton J
Says that the wife had been raped (she had been “ravished without her consent) even though C didn’t intend this and could not be held guilty. Since L had procured this, he ought to be punished.
Accessory can be convicted even if principal acquitted.
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