Regina v. Tyrell

Nature of the Case

This case addressed the criminal culpability of a party who has aided and abetted another to commit a crime against her that was created for her protection.

Facts

Tyrrell was under age. She was charged with being a girl over the age of 13 and under the age of 16 and aiding and abetting the commission of carnal knowledge against herself. Evidence was presented at trial showing that Tyrell solicited and incited Thomas Ford (also spelled “Froud”) to have sex with her. Ford was convicted of the underlying offense. Tyrell was convicted and appealed.

Issue

Can a party be found guilty of aiding, inciting and abetting criminal conduct designed to protect that party?

Holding and Rule of Law

No. A party cannot be found guilty of aiding, inciting and abetting criminal conduct designed to protect that party.

Coleridge

The Act of 1885 was designed to protect girls against themselves and as such it would be illogical to find Tyrell equally liable with the man who committed the offense. This conviction should be quashed.

Mathew

There is no trace of intention in this act to deal with the woman involved as a criminal.