Australian Criminal Law |
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Page 118
... consent . An assault with consent is not an assault at all . ' This simple state- ment of the law , although true as a general principle , needs qualification in certain circumstances . In the first place it is obvious that a consent ...
... consent . An assault with consent is not an assault at all . ' This simple state- ment of the law , although true as a general principle , needs qualification in certain circumstances . In the first place it is obvious that a consent ...
Page 119
... consent . The conviction was quashed on other grounds , but the court took the opportunity to consider whether consent would in any event have been an answer to the charge , and decided that it would not . • 33 " If an act is unlawful ...
... consent . The conviction was quashed on other grounds , but the court took the opportunity to consider whether consent would in any event have been an answer to the charge , and decided that it would not . • 33 " If an act is unlawful ...
Page 140
... consent.46 The law relating to consent in the law of rape so far as it depends on inferences to be drawn from V's behaviour may perhaps be sum- marized by saying that although in theory D is not entitled to make any presumption of consent ...
... consent.46 The law relating to consent in the law of rape so far as it depends on inferences to be drawn from V's behaviour may perhaps be sum- marized by saying that although in theory D is not entitled to make any presumption of consent ...
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Common terms and phrases
acquitted actus reus appears apply arise assault attempt Australian Law Journal believe causing death cheque circumstances committed common law conduct consent conspiracy convicted Court of Criminal Cr.App.R Crimes Act Criminal Appeal Criminal Code Criminal Law Consolidation Criminal Law Review criminal negligence criminal responsibility dangerous act decision defence definition degree difference diminished responsibility distinction doctrine effect evidence example false pretences felony felony-murder rule follows fraudulent grievous bodily harm guilty of murder held High Court homicide indictment insanity intent to steal jury larceny Law Consolidation Act manslaughter McNaghten Rules means mens rea mental element mind mistake of fact Model Penal Code person present principle problem proved provocation punishment purpose Qd.R Queen Queensland and Western Queensland Code question rape reasonable mistake recklessness reference relevant requirement risk sexual situation South Australia South Wales St.R.Qd statute stolen strict responsibility Tasmanian Code trial judge verdict Victoria Western Australian Code Williams