Offences and Definitions Flashcards
(12 cards)
Which section of the Sexual Offences Act 2003 defines consent?
S74: they consent If they agree by choice and have the freedom and capacity to make such choice
How does s74 of the Sexual Offences Act 2003 define consent?
S74: they consent If they agree by choice and have the freedom and capacity to make such choice
Where is the following quote from?
‘they consent If they agree by choice and have the freedom and capacity to make such choice’
S74 of the Sexual Offences Act 2003
Which section of the Sexual Offences Act 2003 defines ‘sexual touching’?
S78: Where is the following quote from:
‘whether the reasonable person foresee it as sexual because either
(a) the act in itself is sexual in nature, or
(b) the act could be deemed of a sexual nature given the circumstances
How does s78 of the Sexual Offences Act 2003 define ‘sexual touching’?
S78: Where is the following quote from:
‘whether the reasonable person foresee it as sexual because either
(a) the act in itself is sexual in nature, or
(b) the act could be deemed of a sexual nature given the circumstances
Where is the following quote from:
‘whether the reasonable person foresee it as sexual because either
(a) the act in itself is sexual in nature, or
(b) the act could be deemed of a sexual nature given the circumstances
S78 of the Sexual Offences Act 2003
What do section 74 and section 78 of the SOA 2003 cover definitions of?
s74 = consent s78 = 'sexual touching'
What is the CPS charging standard for a simple assault? p.104 in the textbook
Basically where a s47 injury caused by physical assault, may be reduced to a more minor physical assault charge if there is no lasting damage, i.e. stitches needed. Could maybe mention it, if given the circumstances that they will be charged by the s47 offence that the CPS charging procedure would decide on the severity of the sentencing.
How should you handle facts in the defendants case?
“assuming he is correct and it can be proven that XX happened, he would be able to rely on XX”
What is the test for reasonable force?
- If D claims to have held a particular belief as regards the existence of any circumstances-
a. the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but
b. if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not-
i. it was mistaken, or
ii. (if it was mistaken) the mistake was a reasonable one to have made. - But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.
What is the significant limitation on the test for reasonable force?
Section 5 states: But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.
What does R v Bree conclude about the capacity to consent (s74 SOA 2003)
‘intoxicated consent is still consent while they have capacity’
but
‘you can lose capacity to consent even before using complete consciousness’
