There are two elements to consent: whether the victim consented, and whether the defendant believed the victim consented. It is for the prosecution to prove both that the victim did not consent and that the defendant did not believe in his consent. So if the defendant wrongly believed the victim consented, the defence could be available. See [ case ]7.2.2.2. Equally if the victim consented, even if the defendant did not know this, the defence could be available. Whether the defence of consent is available will depend on the level of harm inflicted on the victim and the circumstance in which the harm was inflicted.
Answer
R v Richardson and Irwin
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#crime #defences #law
Question
There are two elements to consent: whether the victim consented, and whether the defendant believed the victim consented. It is for the prosecution to prove both that the victim did not consent and that the defendant did not believe in his consent. So if the defendant wrongly believed the victim consented, the defence could be available. See [ case ]7.2.2.2. Equally if the victim consented, even if the defendant did not know this, the defence could be available. Whether the defence of consent is available will depend on the level of harm inflicted on the victim and the circumstance in which the harm was inflicted.
Answer
?
Tags
#crime #defences #law
Question
There are two elements to consent: whether the victim consented, and whether the defendant believed the victim consented. It is for the prosecution to prove both that the victim did not consent and that the defendant did not believe in his consent. So if the defendant wrongly believed the victim consented, the defence could be available. See [ case ]7.2.2.2. Equally if the victim consented, even if the defendant did not know this, the defence could be available. Whether the defence of consent is available will depend on the level of harm inflicted on the victim and the circumstance in which the harm was inflicted.
Answer
R v Richardson and Irwin
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Open it victim consented. It is for the prosecution to prove both that the victim did not consent and that the defendant did not believe in his consent. So if the defendant wrongly believed the victim consented, the defence could be available. See <span>R v Richardson and Irwin 7.2.2.2. Equally if the victim consented, even if the defendant did not know this, the defence could be available. Whether the defence of consent is available will depend on the level
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