Thread: 15 year old prosecuted for rape, 11 yr old enjoying pregnancy
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Unread 13 May 2006, 01:04   #47
Proteus
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Re: 15 year old prosecuted for rape, 11 yr old enjoying pregnancy
Quote:
Originally Posted by Yahwe
that's an interesting one.

but your argument is surely more to do with the nature of inchoate offences.
Well, it's not really my argument, I'm just applying Tyrrell.

Quote:
Originally Posted by Yahwe
So what about this scenario:
A & B plan together to stab C. They each buy knives and wait in ambush. They spring the ambush. In the tussle A accidentally stabs B instead of C. C escapes unharmed.

Then A is guilty of GBH on B, attempted GBH on C and conspiracy to commit GBH.
But surely B (the victim) is also guilty of attempted GBH on C and conspiracy to commit GBH?
Well, yes, but he's not the victim of those crimes. (And Tyrrell specifically concerned a sexual offence, so I'm not sure whether it can just be applied across the board.)
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