defences - consent structure and cases Flashcards
1
Q
STEPS FOR DEFENCES FOR EACH PERSON - GENERAL
A
- Determine if the actus reus (AR) and mens rea (MR) are met.
- There’s no point in considering defenses if AR and MR are not established.
- If they are, examine the applicable defenses.
- Identify the elements of the defense.
- Apply these elements to the specific facts of the case.
2
Q
CONSENT
A
20 (1)
**1. consent gen steps **
- seriousness injury
- social utility
- autonomy v vulnerability
2. implied
- conditons of the game
- nature of act
- degree of force
- risk injury
3. express
- subjective belief of consent
- scale - more serious less likley
**4. not valid **
- mistake
- fear
- mental incapacity
3
Q
consent cases
5
A
20(1)
lee - yes
excorcism - has was consented to happened
barker - yes
sliding scale 15 & 17 - consented - think abt age tho
** s v r - no **
17 rape 38 kid - hit with hammer - social utility - pub p
kempson
cannot consent to death
barnes
rugby game, act need to look criminal
4
Q
s
A