LAW1114 Lecture Notes - Lecture 8: Mens Rea, Condom, Personality Disorder
Document Summary
The crimes act 1958 (vic): s. 37a - objectives. Crim1) s. 45-47 jury directions act 2015 - jury directions on consent & reasonable belief difference between submission and consent can be a fine line It is for juries, threat or duress may properly be regarded as negativing consent for the purposes (old) case based on mistake / fraud. How to approach a sexual offence problem in an exam: Find ar: a intentionally sexually penetrates b. Reasonable persuasion may be an acceptable (old) case on the meaning of consent. Question of law (no. 1 of 1993) (1993) 59 sasr 214: without b(cid:495)s consent. Even if the question says (cid:494)a sexually penetrates b(cid:495), def)ne )t according to s. (cid:885)(cid:887)a. R v clarence (1888) 22 qbd 22 ww [3. 17c atp 129] Whilst v argued she only consented to (cid:494)disease-free(cid:495) sex, v understood the consent. Otherwise (cid:494)many seductions would be rape the only cases in which fraud.
