Reasonable grounds Flashcards
1
Q
Reasonable grounds
A
A three step process:
1) Subjective test - absence of consent. -What was the complainant thinking at the time? Was she consenting
2) Subjective test - belief in consent - If she wasn’t consenting, did the offender believe she was consenting? What was the offender thinking at the time?
3) Objective test - Reasonable grounds for belief in consent - If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. is it what a reasonable person would have believed if placed in the same position as the defendant?
