For offences against the person, the consent of the victim may also preclude a crime. For sexual offences, lack of consent and a lack of belief in consent are clearly elements of the actus reus and mens rea of the crimes. In other offences against the person, it is not clear whether consent operates as a defence to the crime or whether the absence of consent is an element of the offence. The Law Lords in the important House of Lords case of [ case ]were divided on this. Lords Jauncey and Templeman said consent was a defence, while Lord Mustill said lack of consent was part of the offence. Lord Lowry spoke of it as a defence, but then cited the Law Commission's Draft Code, which treats the absence of consent as an element of the offence of common assault. For the purposes of this course it is being treated as a defence.
Answer
R v Brown [1994] AC 212
Tags
#crime #defences #law
Question
For offences against the person, the consent of the victim may also preclude a crime. For sexual offences, lack of consent and a lack of belief in consent are clearly elements of the actus reus and mens rea of the crimes. In other offences against the person, it is not clear whether consent operates as a defence to the crime or whether the absence of consent is an element of the offence. The Law Lords in the important House of Lords case of [ case ]were divided on this. Lords Jauncey and Templeman said consent was a defence, while Lord Mustill said lack of consent was part of the offence. Lord Lowry spoke of it as a defence, but then cited the Law Commission's Draft Code, which treats the absence of consent as an element of the offence of common assault. For the purposes of this course it is being treated as a defence.
Answer
?
Tags
#crime #defences #law
Question
For offences against the person, the consent of the victim may also preclude a crime. For sexual offences, lack of consent and a lack of belief in consent are clearly elements of the actus reus and mens rea of the crimes. In other offences against the person, it is not clear whether consent operates as a defence to the crime or whether the absence of consent is an element of the offence. The Law Lords in the important House of Lords case of [ case ]were divided on this. Lords Jauncey and Templeman said consent was a defence, while Lord Mustill said lack of consent was part of the offence. Lord Lowry spoke of it as a defence, but then cited the Law Commission's Draft Code, which treats the absence of consent as an element of the offence of common assault. For the purposes of this course it is being treated as a defence.
Answer
R v Brown [1994] AC 212
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Open it ea of the crimes. In other offences against the person, it is not clear whether consent operates as a defence to the crime or whether the absence of consent is an element of the offence. The Law Lords in the important House of Lords case of <span>R v Brown [1994] AC 212 were divided on this. Lords Jauncey and Templeman said consent was a defence, while Lord Mustill said lack of consent was part of the offence. Lord Lowry spoke of it as a defence, but
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