Court and Tribunal Administration CTA323 Lecture Notes - Lecture 3: Mens Rea, Mental Disorder, Reasonable Person
16 Sep 2016
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Householder permitting sexual activity if you"re in control of a physical property (building, apartment, home, etc) and you allow anyone under 18 to engage in sexual activity criminally (prostitution, sexual assault) actus renus: permits. Negligence and reasonable person test: whether the conduct showed a marked departure from the standard that would be expected of a reasonably prudent person . Self-defence: belief, on reasonable grounds, that force is being used against them or another person (or threat of force, act is committed in order to protect, act is reasonable in all the circumstances. If those who are easily provoked and often get angry, this might not work. Consent alleged victim consented to the accused"s behaviour ex; assault - playing hockey where physical contact is permitted. Must be within the rules - if hit over the head with a hockey stick, it would most likely constitute an assault.
