General Defences: Mistake

Definition, Cases, 

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  • Created by: Anisha
  • Created on: 10-06-11 16:03
This can be supported by what case:
Reid
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What happened in this case?
D was asked to take a breathalyser test, refused- thought it was not a legal requirement
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Does the Mens Rea have to cancel out the Mistake, i.e. taking a case genuinely believing it to be yours
Yes
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The Mens Rea should be:
No Mens Rea is needed
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What happened in Tolson?
D believed 1st husband to be dead, remarried, bigamy
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What happened in B v DPP?
Mistake does not have to be <<Reasonable>>
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When is mistake not allowed to be used as a defence?
**** and Sexual Offences
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Under the Sexual Offences Act 2003, what case supports this?
DPP v Morgan
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Other cards in this set

Card 2

Front

What happened in this case?

Back

D was asked to take a breathalyser test, refused- thought it was not a legal requirement

Card 3

Front

Does the Mens Rea have to cancel out the Mistake, i.e. taking a case genuinely believing it to be yours

Back

Preview of the front of card 3

Card 4

Front

The Mens Rea should be:

Back

Preview of the front of card 4

Card 5

Front

What happened in Tolson?

Back

Preview of the front of card 5
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