Consent and mistake Flashcards
1
Q
Can there be a defence if an honestly held belief by D that V was consenting
A
Yes
2
Q
Does any belief have to be reasonable
A
Not necessarily
3
Q
Case liked to mistake
A
Jones
4
Q
Facts of Jones
A
Two school boys tossed into air by older boys who then suffered injury. Claimed they had consented as they had taken part before without injury and it was taken by all to be just a prank and no intention to cause injury
5
Q
In jones what happened at first instance
A
convicted
6
Q
What happened at appeal
A
convcitions for s20 GBH quashed as judge at first instance had not let mistaken belief to be put to the jury and the CA held that a genuine mistake in consent to horseplay could be defence even if the belief was unreasonable
