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R v Cogan and Leak [1976] QB 217

Country:
United Kingdom
  • 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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