R v McNally 
- The defendant, born a female, pretended to be a boy and became sexually acquainted with ‘his’ girlfriend
- This gender deception was later discovered
- Was consent to sexual acts carried out by the defendant vitiated by the gender deception?
- Section 76 was not invoked, but gender deception did vitiate consent on the facts
- Appeal as to legal advice dismissed, but lesser and suspended sentence substituted
Posted in Criminal Law Revision Notes.
This page was last updated on 29th December 2014