LAW107 - **** Flashcards

?
  • Created by: Evasleeth
  • Created on: 09-01-20 12:30
R v F
Penetration of the ***** is equal to ****
1 of 23
R v Kaitamaki
Revocation of consent part-way through sexual activities is equal to ****
2 of 23
R v Flattery
D deceives V of the nature of his act
3 of 23
R v Williams (1923)
D deceives V of the purpose of his act
4 of 23
R v Hutchinson
(Canadian Case) Condom sabotage amounted to **** as it changed the nature of the act - V agreed to sex with a condom as a preventative to getting pregnant
5 of 23
R v Elbekkay
D induced sexual activities through impersonation of a person known personally to V
6 of 23
R v Dagnall
s.75(2)(a)/(b) force/violence must be at immediate - at the time of the **** or immediately before the ****
7 of 23
R v Ireland and Burstow
Immediacy
8 of 23
R v Taran
D used force/violence before and during the **** (pointing gun at V)
9 of 23
R v David T (2005)
s.75(2)(c) - V cannot consent when they were (and D was not) unlawfully detained - i.e kidnap
10 of 23
R v Larter
s.75(2)(d) - V cannot consent when they are asleep / unconscious.
11 of 23
R v Bree
s.75(2)(e) - V cannot consent where D provides / administers a substance to V so as to stupefy or overpower them
12 of 23
R v Bree (2)
s.74 CAPACITY - Drunken consent still amounts to consent
13 of 23
R v Wellard
s.74 FREEDOM- V cannot consent where their freedom has been compromised due to threats
14 of 23
s.74 SOA
V consents if s/he agrees by choice, and has the freedom and capacity to make that choice
15 of 23
R v Jheeta
s.74 FREEDOM- V cannot consent where their freedom has been compromised due to threats
16 of 23
R v Kirk
s.74 FREEDOM- V cannot consent where their freedom has been compromised due to threats
17 of 23
R v Olugboja
s.74 FREEDOM - Court must look at all the circumstances - Considers whether submission can amount to consent - Appeal court established a 'consent spectrum' and held that submission, going past reluctant acquiescence, was not sufficient consent
18 of 23
R v Watson (2015)
Contrasts Olugboja - Father and daughter case - COA held that submission can amount to sufficient consent
19 of 23
R v Mcnally
s.74 CHOICE - Uninformed choice as D decepted V as to their gender
20 of 23
R v Kamki
s.74 CAPACITY - What is the alcohol volume in V's blood? Has it inhibited their capacity to consent or has it made it easier to consent?
21 of 23
s.76
CONCLUSIVE PRESUMPTION against consent - D rapes V by intentionally deceiving as to the nature / purpose of the act OR by intentionally inducing V to consent by impersonating a person known personally to V
22 of 23
s.75
EVIDENTIAL/REBUTTABLE presumption against consent - presume no consent, D can then stand and raise evidence that V did consent or that D reasonably believed that V consented.
23 of 23

Other cards in this set

Card 2

Front

Revocation of consent part-way through sexual activities is equal to ****

Back

R v Kaitamaki

Card 3

Front

D deceives V of the nature of his act

Back

Preview of the back of card 3

Card 4

Front

D deceives V of the purpose of his act

Back

Preview of the back of card 4

Card 5

Front

(Canadian Case) Condom sabotage amounted to **** as it changed the nature of the act - V agreed to sex with a condom as a preventative to getting pregnant

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal resources »