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Criminal Law > Sexual Offences > Flashcards

Sexual Offences Flashcards

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1
Q

Olugboja 1982

A

PRIOR TO 2003

Submitted

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2
Q

Papadimitropoulous 1957

A

PRIOR TO 2003

Inducing causes cannot destroy consent once formed (believed married)

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3
Q

Linekar 1995

A

PRIOR TO 2003

Not pay prostitute - not deceived as to nature

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4
Q

DPP v Morgan 1976

Overturned by SOA 2003 - subjective

A

PRIOR TO 2003
Sex with wife even if apparently resists
No reasonable belief

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5
Q

Tabassum 2000

A

PRIOR TO 2003
Breast exam
Changed nature - not medical

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6
Q

Elbekkay 1995

A

PRIOR TO 2003

No active impersonation but still rape under general meaning

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7
Q

R v A 2001

A

PRIOR TO 2003

Youth Justice Act - exclude previous sexual relationship - HRA?? - admit where so relevant

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8
Q

Bingham 2013

A

PURPOSE AND NATURE (s76)
False identity - send nudes - threat
purpose = sexual gratification

CONSENT (s74)
Blackmail

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9
Q

Devonald 2008

A

PURPOSE AND NATURE (s76)
Daughter’s ex - post
Purpose = more than sexual gratification

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10
Q

Assange 2011

A

CONSENT (s74)
Condom condition
S74 decesive

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11
Q

R(F) v DPP 2013

A

CONSENT (s74)
Without ejaculation
???

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12
Q

Bree 2007

A

CONSENT (s74)
Drunken consent still consent
Fact specific; temporary loss of capacity = no consent

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13
Q

R v B 2007

A

CONSENT (s74)

HIV - consent but no defence to harm

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14
Q

R v Jheeta 2007

A

CONSENT (s74)
Police - keep dating
No consent

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15
Q

R v Dougal 2005

A

CONSENT (s74)

Too drunk to remember - renounce

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16
Q

R v G 2008

A

CONSENT (s74)

She said she was 15 - child under 13 - must have sufficient capacity

17
Q

Kirk 2008

A

CONSENT (s74)

Run Away - sex for money no consent

18
Q

McNally 2013

A

CONSENT (s74)
Believing she was a boy
Deception - common sense

19
Q

Cicarelli 2011

A

REASONABLE BELIEF (s75)
Early on seemed to consent
No evidence here

20
Q

Sexual Offences Act 2003

A

1: Rape
2: Assault by Penetration
3: Sexual Assault
4: Causing person to engage in sexual behav. without consent

78: Sexual
74: Consent
76: Conclusive Presumptions
75: Evidential Presumption

Criminal Law (12 decks)

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