Sexual Assaults and Intoxication Flashcards
1
Q
“drunken consent=consent” and “capacity to consent may evaporate even before unconsciousness”
A
Bree
2
Q
intoxication which leads to mistaken facts cannot be relied on in self-defence cases
A
Hatton; O’Grady
3
Q
Submission does not equal valid consent
A
Kirk
4
Q
crimes under the SOA are crimes of basic intent
A
Heard
5
Q
intoxication is only a defence to crimes of specific intent
A
Majewski
6
Q
not knowing the effect of a drug on the defendant is a defence of intoxication
A
Hardie
7
Q
intoxication is not a defence with a valid mens rea
A
Kingston
8
Q
touching through clothes is still sexual touching and the two questions to determine the sexual nature of the touching
A
R v H
9
Q
intoxication as a defence for the CDA
A
Jaggerd v Dickenson
