This document provides a critical evaluation of the definition of consent in the UK's Sexual Offences Act 2003. It discusses the statutory definition in section 74, which defines consent as agreement by choice with freedom and capacity. It then analyzes the evidential assumptions of consent in section 75, which outlines circumstances where lack of consent is presumed. Finally, it examines the conclusive presumptions of no consent in section 76, particularly regarding deception as to the nature or purpose of the act. Overall, the document argues that while the current definition aims to clarify consent, interpretations remain complex, and the law could establish clearer guidance to balance protecting sexual freedom and preventing unwanted acts.
Section 8(1) of the Civil Law Act 1956 provides that upon a person's death, any causes of action against or for the benefit of their estate will survive. Section 8(3) states that proceedings on a tort claim against a deceased person's estate must be initiated either before their death or within 6 months of their personal representative obtaining representation.
In Lee Lee Cheng v Seow Peng Kwang, the plaintiff sued the defendant as administrator of a deceased person's estate for negligent driving. The defendant argued the suit was time-barred as it was filed more than 6 months after obtaining representation. The court agreed, as the grant was extracted on a certain date, starting the 6 month period, and the suit
- A term is a legally binding statement that forms part of a contract, while a representation does not form part of the contract but can provide grounds for legal relief if it induces a party to enter the contract.
- Breach of a contractual term can allow the innocent party to sue for damages or rescind the contract, depending on whether the term is a condition or warranty. A breach of condition goes to the root of the contract, while a breach of warranty only allows damages.
- The cases of Bannerman v White and Routledge v McKay demonstrate how courts determine if a pre-contract statement was a representation or term based on factors like timing, inclusion in the written contract, and importance to the
This document discusses the concept of "personal liberty" under Article 5(1) of the Malaysian Constitution through a summary of various court cases. It addresses how personal liberty relates to rights of the person or body, such as freedom from unlawful detention, right to be informed of arrest grounds, and right to legal counsel. However, it does not include rights to travel overseas or obtain a passport, as the government has discretion over passport issuance. The document also examines how personal liberty has been more broadly interpreted in some cases to include additional rights.
Defamation is defined as the publication of a statement that lowers a person's reputation in the eyes of others. There are two types: libel, which is a defamatory statement published in permanent form like writing or images; and slander, which is a defamatory oral statement. For a statement to be considered defamatory, the words must tend to make ordinary people avoid or shun the person. Some types of slander, like words imputing unchastity or damaging someone's professional reputation, are considered defamatory per se and do not require proving special damages. Defamation can also occur through innuendo, where words are not explicitly defamatory but take on a def
This document discusses resulting trusts, which arise in the absence of express trusts when the beneficial interest returns to the settlor. There are two types of resulting trusts: automatic resulting trusts, which arise whenever the beneficial interest has not been fully disposed of by an express trust; and presumed resulting trusts. Automatic resulting trusts occur in situations like when an express trust fails due to lack of formalities, an incomplete disposal of the beneficial interest, or other reasons. Surplus funds from unincorporated associations may also result in a resulting trust, with courts determining on a case-by-case basis whether the surplus reverts back to contributors under a resulting trust or is distributed contractually.
1) A secret trust is a trust created by a will where either the existence of the trust or the identity of the beneficiary is kept secret. There are two types: fully secret trusts and half secret trusts.
2) A fully secret trust conceals both the existence of the trust and the beneficiary. The testator leaves property to someone in the will who has agreed to hold it secretly for a third beneficiary.
3) A half secret trust discloses the existence of the trust in the will but keeps the beneficiary secret. The will states the property is to be held "on trust" but does not specify the terms.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
Section 8(1) of the Civil Law Act 1956 provides that upon a person's death, any causes of action against or for the benefit of their estate will survive. Section 8(3) states that proceedings on a tort claim against a deceased person's estate must be initiated either before their death or within 6 months of their personal representative obtaining representation.
In Lee Lee Cheng v Seow Peng Kwang, the plaintiff sued the defendant as administrator of a deceased person's estate for negligent driving. The defendant argued the suit was time-barred as it was filed more than 6 months after obtaining representation. The court agreed, as the grant was extracted on a certain date, starting the 6 month period, and the suit
- A term is a legally binding statement that forms part of a contract, while a representation does not form part of the contract but can provide grounds for legal relief if it induces a party to enter the contract.
- Breach of a contractual term can allow the innocent party to sue for damages or rescind the contract, depending on whether the term is a condition or warranty. A breach of condition goes to the root of the contract, while a breach of warranty only allows damages.
- The cases of Bannerman v White and Routledge v McKay demonstrate how courts determine if a pre-contract statement was a representation or term based on factors like timing, inclusion in the written contract, and importance to the
This document discusses the concept of "personal liberty" under Article 5(1) of the Malaysian Constitution through a summary of various court cases. It addresses how personal liberty relates to rights of the person or body, such as freedom from unlawful detention, right to be informed of arrest grounds, and right to legal counsel. However, it does not include rights to travel overseas or obtain a passport, as the government has discretion over passport issuance. The document also examines how personal liberty has been more broadly interpreted in some cases to include additional rights.
Defamation is defined as the publication of a statement that lowers a person's reputation in the eyes of others. There are two types: libel, which is a defamatory statement published in permanent form like writing or images; and slander, which is a defamatory oral statement. For a statement to be considered defamatory, the words must tend to make ordinary people avoid or shun the person. Some types of slander, like words imputing unchastity or damaging someone's professional reputation, are considered defamatory per se and do not require proving special damages. Defamation can also occur through innuendo, where words are not explicitly defamatory but take on a def
This document discusses resulting trusts, which arise in the absence of express trusts when the beneficial interest returns to the settlor. There are two types of resulting trusts: automatic resulting trusts, which arise whenever the beneficial interest has not been fully disposed of by an express trust; and presumed resulting trusts. Automatic resulting trusts occur in situations like when an express trust fails due to lack of formalities, an incomplete disposal of the beneficial interest, or other reasons. Surplus funds from unincorporated associations may also result in a resulting trust, with courts determining on a case-by-case basis whether the surplus reverts back to contributors under a resulting trust or is distributed contractually.
1) A secret trust is a trust created by a will where either the existence of the trust or the identity of the beneficiary is kept secret. There are two types: fully secret trusts and half secret trusts.
2) A fully secret trust conceals both the existence of the trust and the beneficiary. The testator leaves property to someone in the will who has agreed to hold it secretly for a third beneficiary.
3) A half secret trust discloses the existence of the trust in the will but keeps the beneficiary secret. The will states the property is to be held "on trust" but does not specify the terms.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptxPhuyalVijay
This document summarizes the development of the law on duty of care in the UK and Malaysia. It outlines the neighbour principle established in Donoghue v Stevenson, the two-stage test from Anns v Merton, and the composite test from Caparo Industries v Dickman. In Malaysia, early cases like Sathu v Hawthornden Rubber helped develop the law. Current tests consider foreseeability of damage, proximity of relationship, and whether imposing a duty of care would be fair, just and reasonable. The document also discusses who can be a plaintiff, including those not directly suffering loss. Recent Malaysian cases further developed concepts of foreseeability and proximity.
Relevancy of evidence under Section 5 of Evidence Act1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document discusses the principles of similar fact evidence in Malaysian law. It begins by explaining similar fact evidence and its exceptions under sections 11(b), 14 and 15 of the Evidence Act 1950. It then summarizes several important court cases that shaped the application of similar fact evidence, including Makin v AG for New South Wales, which established the general rule that previous misconduct cannot be used to prove guilt, and the Boardman case, which reformulated the Makin rule. The document analyzes how Malaysian courts have applied the Makin approach to determine whether similar fact evidence is relevant and if its probative value outweighs unfair prejudice.
This is a comparative study on the concept of illegally obtained evidence between Malaysia, United Kingdom, United States of America and the concept from Islamic Perspective.
This document is a memorandum of appeal filed in the Court of Appeal of Malaysia regarding a civil suit. The appellants are appealing the decision of the High Court judge who dismissed their claim and allowed the respondent's counter-claim. The memorandum sets out 11 grounds of appeal, arguing that the High Court judge made multiple errors in his factual findings and legal analysis. It is argued that the evidence showed the deceased lacked testamentary capacity and the will propounded by the respondent should not have been admitted to probate due to suspicious circumstances surrounding its creation.
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
Case Normala samsudin v Keluarga CommunicationSnj SNj
The plaintiff, a famous television personality, sued the publisher of a magazine for defamation over an article mentioning a third person in the plaintiff's marriage and payment to her husband. The court found the words exposed the plaintiff to ridicule and lowered her esteem, awarding RM100,000 in general damages and RM100,000 in aggravated damages. The defendant unsuccessfully argued the plaintiff consented and it apologized, but the court found the apology insufficient. On appeal, the court overturned aggravated damages, finding the article was complimentary and the apology met criteria for withdrawal.
Rape is defined under Section 375 of the Penal Code. It involves sexual intercourse by a man with a woman without her consent. Consent is invalid if obtained through fear, fraud, or abuse of authority. Rape can occur between spouses. Punishments for rape are outlined in Section 376 and vary based on aggravating factors. Consent is not a valid defense if the victim is under 16 years of age. The document discusses the legal definitions and interpretations of key terms like sexual intercourse and consent. It also explores exceptions, punishments, and outstanding legal questions around rape.
1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility.
2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after.
3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are
The document summarizes the history and current state of the legal profession in Malaysia. It discusses:
- The legal profession in Malaysia is a fused profession with no distinction between solicitors and barristers.
- The earliest lawyers were known as "law agents" or "advocates and attornies", with the first admission recorded in 1808.
- Various ordinances established regulatory bodies for lawyers in different states, which were consolidated by the Legal Profession Act 1976, establishing the Malaysian Bar and Bar Council. However, Sabah and Sarawak continue to have their own separate legislation and professional bodies.
Sunn Ang the accused was charged and convicted for the murder of his girl friend Jenny. A Singapore case related to the law of evidence. Circumstantial evidence, Relevancy, Continuity.
Parol Evidence Rule Contract Law MalaysiaAzri Nadiah
The document discusses the parol evidence rule and its exceptions in Malaysian contract law. The parol evidence rule bars oral evidence that would contradict or vary the terms of a written contract. However, there are exceptions, including when (1) the contract is partly oral and partly written, (2) there is evidence of fraud, mistake or misrepresentation, or (3) there is evidence of a collateral contract. A collateral contract refers to a separate oral agreement made alongside the written contract. For a collateral contract to be valid, the party must strictly prove that the oral terms were intended to be binding and induced them to enter the contract. The document analyzes several cases that discuss and apply the parol evidence rule and its exceptions.
Gatal went to Seksi's apartment pretending to be an officer and took out a knife, instructing her to remove her clothes. Seksi begged him to leave but was too afraid to resist physically. They had intercourse. Gatal can likely be charged with rape because the sexual act occurred without Seksi's consent, as she submitted out of fear for her safety due to Gatal's threatening behavior and weapon. Under Malaysian law, consent obtained through fear or threat constitutes rape.
The document discusses secret and half secret trusts. A secret trust occurs when a testator leaves property to someone in their will who has privately agreed to hold the property in trust for a third party beneficiary. The identity of the beneficiary is kept secret. A half secret trust is similar but the existence of the trust is disclosed in the will, though not its terms or beneficiaries. For a secret or half secret trust to be valid there must be intention, communication of the trust terms to the trustee before death, and acceptance by the trustee. English law requires communication for half secret trusts to occur before the will's execution. The basis for enforcing such trusts is to prevent fraud.
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
The document discusses Jual Janji, a Malay customary security transaction. It begins by outlining the objectives and introduction. It then explores the origins and literal meaning of Jual Janji, describing it as a contract where a borrower transfers land to a lender in exchange for a loan. The document outlines the characteristics and rationale of Jual Janji transactions. It examines judicial views, including recognizing Jual Janji as a security transaction or applying equitable mortgage principles. The document concludes by discussing Jual Janji in the context of the National Land Code and differing views on its application.
Confession under Malaysian Evidence Act 1950Intan Muhammad
The document discusses the definitions and principles related to confessions and admissions in evidence law. It begins by defining a confession as an admission stating or suggesting that the accused committed the offence. A confession can be plenary (full acknowledgment of guilt) or non-plenary (incriminating statement suggesting guilt). All confessions are admissions but not all admissions are confessions. The document then examines circumstances where confessions may be excluded, such as if they were obtained through inducement, threat or promise by a person in authority. It also discusses exceptions where a confession can still be admitted, such as if the improper influence has been removed. The document analyzes several key court cases related to these principles.
This document discusses the differences between justification and excuses as defenses in criminal law under the Indian Penal Code. It notes that justification means showing a good and legal reason for one's actions, while excuse refers to a reason for an action or inaction. Justification defenses apply more broadly based on circumstances, while excuses are personal to the individual. Justification involves balancing interests and furthering the greater good, while excuses do not require this balancing. The document also discusses mistakes, necessity, and accidents as defenses under sections 76, 79, 81, and 80 of the Indian Penal Code, providing examples of each. It emphasizes that a mistake of fact can be a defense if made in good faith, while ignorance of law is not a
This document discusses the differences between justification and excuses as defenses in criminal law under the Indian Penal Code. It provides definitions of justification and excuse, noting that justification means showing a good legal reason for an act, while excuse means an alleged reason for an act. It outlines four key distinctions between justification and excuse: 1) Justification defenses apply universally while excuses are personal, 2) Justification involves balancing interests while excuses do not, 3) Justification derives from norms directing the public while excuses derive from norms assessing accountability, 4) Justification focuses on the act while excuses focus on the actor. The document then discusses mistakes, necessity, and accidents as defenses under sections 76, 79, 80, and 81 of the Indian Pen
5. NEGLIGENCE - DUTY OF CARE (GENERAL PRINCIPLES).pptxPhuyalVijay
This document summarizes the development of the law on duty of care in the UK and Malaysia. It outlines the neighbour principle established in Donoghue v Stevenson, the two-stage test from Anns v Merton, and the composite test from Caparo Industries v Dickman. In Malaysia, early cases like Sathu v Hawthornden Rubber helped develop the law. Current tests consider foreseeability of damage, proximity of relationship, and whether imposing a duty of care would be fair, just and reasonable. The document also discusses who can be a plaintiff, including those not directly suffering loss. Recent Malaysian cases further developed concepts of foreseeability and proximity.
Relevancy of evidence under Section 5 of Evidence Act1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document discusses the principles of similar fact evidence in Malaysian law. It begins by explaining similar fact evidence and its exceptions under sections 11(b), 14 and 15 of the Evidence Act 1950. It then summarizes several important court cases that shaped the application of similar fact evidence, including Makin v AG for New South Wales, which established the general rule that previous misconduct cannot be used to prove guilt, and the Boardman case, which reformulated the Makin rule. The document analyzes how Malaysian courts have applied the Makin approach to determine whether similar fact evidence is relevant and if its probative value outweighs unfair prejudice.
This is a comparative study on the concept of illegally obtained evidence between Malaysia, United Kingdom, United States of America and the concept from Islamic Perspective.
This document is a memorandum of appeal filed in the Court of Appeal of Malaysia regarding a civil suit. The appellants are appealing the decision of the High Court judge who dismissed their claim and allowed the respondent's counter-claim. The memorandum sets out 11 grounds of appeal, arguing that the High Court judge made multiple errors in his factual findings and legal analysis. It is argued that the evidence showed the deceased lacked testamentary capacity and the will propounded by the respondent should not have been admitted to probate due to suspicious circumstances surrounding its creation.
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
Case Normala samsudin v Keluarga CommunicationSnj SNj
The plaintiff, a famous television personality, sued the publisher of a magazine for defamation over an article mentioning a third person in the plaintiff's marriage and payment to her husband. The court found the words exposed the plaintiff to ridicule and lowered her esteem, awarding RM100,000 in general damages and RM100,000 in aggravated damages. The defendant unsuccessfully argued the plaintiff consented and it apologized, but the court found the apology insufficient. On appeal, the court overturned aggravated damages, finding the article was complimentary and the apology met criteria for withdrawal.
Rape is defined under Section 375 of the Penal Code. It involves sexual intercourse by a man with a woman without her consent. Consent is invalid if obtained through fear, fraud, or abuse of authority. Rape can occur between spouses. Punishments for rape are outlined in Section 376 and vary based on aggravating factors. Consent is not a valid defense if the victim is under 16 years of age. The document discusses the legal definitions and interpretations of key terms like sexual intercourse and consent. It also explores exceptions, punishments, and outstanding legal questions around rape.
1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility.
2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after.
3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are
The document summarizes the history and current state of the legal profession in Malaysia. It discusses:
- The legal profession in Malaysia is a fused profession with no distinction between solicitors and barristers.
- The earliest lawyers were known as "law agents" or "advocates and attornies", with the first admission recorded in 1808.
- Various ordinances established regulatory bodies for lawyers in different states, which were consolidated by the Legal Profession Act 1976, establishing the Malaysian Bar and Bar Council. However, Sabah and Sarawak continue to have their own separate legislation and professional bodies.
Sunn Ang the accused was charged and convicted for the murder of his girl friend Jenny. A Singapore case related to the law of evidence. Circumstantial evidence, Relevancy, Continuity.
Parol Evidence Rule Contract Law MalaysiaAzri Nadiah
The document discusses the parol evidence rule and its exceptions in Malaysian contract law. The parol evidence rule bars oral evidence that would contradict or vary the terms of a written contract. However, there are exceptions, including when (1) the contract is partly oral and partly written, (2) there is evidence of fraud, mistake or misrepresentation, or (3) there is evidence of a collateral contract. A collateral contract refers to a separate oral agreement made alongside the written contract. For a collateral contract to be valid, the party must strictly prove that the oral terms were intended to be binding and induced them to enter the contract. The document analyzes several cases that discuss and apply the parol evidence rule and its exceptions.
Gatal went to Seksi's apartment pretending to be an officer and took out a knife, instructing her to remove her clothes. Seksi begged him to leave but was too afraid to resist physically. They had intercourse. Gatal can likely be charged with rape because the sexual act occurred without Seksi's consent, as she submitted out of fear for her safety due to Gatal's threatening behavior and weapon. Under Malaysian law, consent obtained through fear or threat constitutes rape.
The document discusses secret and half secret trusts. A secret trust occurs when a testator leaves property to someone in their will who has privately agreed to hold the property in trust for a third party beneficiary. The identity of the beneficiary is kept secret. A half secret trust is similar but the existence of the trust is disclosed in the will, though not its terms or beneficiaries. For a secret or half secret trust to be valid there must be intention, communication of the trust terms to the trustee before death, and acceptance by the trustee. English law requires communication for half secret trusts to occur before the will's execution. The basis for enforcing such trusts is to prevent fraud.
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
The document discusses Jual Janji, a Malay customary security transaction. It begins by outlining the objectives and introduction. It then explores the origins and literal meaning of Jual Janji, describing it as a contract where a borrower transfers land to a lender in exchange for a loan. The document outlines the characteristics and rationale of Jual Janji transactions. It examines judicial views, including recognizing Jual Janji as a security transaction or applying equitable mortgage principles. The document concludes by discussing Jual Janji in the context of the National Land Code and differing views on its application.
Confession under Malaysian Evidence Act 1950Intan Muhammad
The document discusses the definitions and principles related to confessions and admissions in evidence law. It begins by defining a confession as an admission stating or suggesting that the accused committed the offence. A confession can be plenary (full acknowledgment of guilt) or non-plenary (incriminating statement suggesting guilt). All confessions are admissions but not all admissions are confessions. The document then examines circumstances where confessions may be excluded, such as if they were obtained through inducement, threat or promise by a person in authority. It also discusses exceptions where a confession can still be admitted, such as if the improper influence has been removed. The document analyzes several key court cases related to these principles.
This document discusses the differences between justification and excuses as defenses in criminal law under the Indian Penal Code. It notes that justification means showing a good and legal reason for one's actions, while excuse refers to a reason for an action or inaction. Justification defenses apply more broadly based on circumstances, while excuses are personal to the individual. Justification involves balancing interests and furthering the greater good, while excuses do not require this balancing. The document also discusses mistakes, necessity, and accidents as defenses under sections 76, 79, 81, and 80 of the Indian Penal Code, providing examples of each. It emphasizes that a mistake of fact can be a defense if made in good faith, while ignorance of law is not a
This document discusses the differences between justification and excuses as defenses in criminal law under the Indian Penal Code. It provides definitions of justification and excuse, noting that justification means showing a good legal reason for an act, while excuse means an alleged reason for an act. It outlines four key distinctions between justification and excuse: 1) Justification defenses apply universally while excuses are personal, 2) Justification involves balancing interests while excuses do not, 3) Justification derives from norms directing the public while excuses derive from norms assessing accountability, 4) Justification focuses on the act while excuses focus on the actor. The document then discusses mistakes, necessity, and accidents as defenses under sections 76, 79, 80, and 81 of the Indian Pen
Douglas E. Metzger was convicted in the municipal court of the cit.docxmadlynplamondon
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9 .52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed and dismissed the District Court's judgment. KRIVOSHA, CJ.
FACTS Metzger lived in a garden-level apartment located in Lincoln, Nebraska. A large window in the apartment faces a parking lot that is situated on the north side of the apartment building. At about 7:45 A.M. on April 30, 1981, another resident of the apartment, while parking his automobile in a space directly in front of Metzger's apartment window, observed Metzger standing naked with his arms at his sides in his apartment window for a period of five seconds. The resident testified that he saw Metzger's body from his thighs on up.
The resident called the police department, and two officers arrived at the apartment at about 8:00 A.M. The officers testified that they observed Metzger standing in front of the window eating a bowl of cereal. They testified that Metzger was standing within a foot of the window, and his nude body, from the mid-thigh on up, was visible. The pertinent portion of § 9.52.100 of the Lincoln Municipal Code, under which Metzger was charged, provides as follows: "It shall be unlawful for any person within the City of Lincoln ... to commit any indecent, immodest or filthy act in the presence of any person, or in such a situation that persons passing might ordinarily see the same."
OPINION
The ... issue presented to us by this appeal is whether the ordinance, as drafted, is so vague as to be unconstitutional. We believe that it is. Since the ordinance is criminal in nature, it is a fundamental requirement of due process of law that such criminal ordinance be reasonably clear and definite.
The ordinance in question makes it unlawful for anyone to commit any "indecent, immodest or filthy act." We know of no way in which the standards required of a criminal act can be met in those broad, general terms. There may be those few who believe persons of opposite sex holding hands in public are immodest, and certainly more who might believe that kissing in public is immodest. Such acts cannot constitute a crime. Certainly one could find many who would conclude that today's swimming attire found on many beaches or beside many pools is immodest. Yet, the fact that it is immodest does not thereby make it illegal, absent some requirement related to the health, safety, or welfare of the community.
The dividing line between what is lawful and what is unlawful in terms of "indecent," "immodest," or "filthy" is simply too broad to satisfy the constitutional requirements of due process. Both lawful and unlawful acts can be embraced within such broad definitions. That cannot be permitted. One is not able to determine in advance what is lawful and what is unlawful. We therefore believe t ...
This document summarizes North Carolina law regarding the detention of individuals by private persons. It outlines that private persons may detain, but not arrest, another individual when they have probable cause to believe the individual committed a felony, breach of peace, crime involving physical injury or theft/destruction of property. Any detention must be reasonable and the detained individual must be immediately surrendered to law enforcement. Courts have found that pursuing or using force against an individual after they have left the scene exceeds the scope of a legal detention.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The document discusses bail as applicable in Sri Lankan law. It provides definitions and history of bail, outlines the Bail Act and key cases related to bail. It discusses how bail can be granted and the types of offenses that fall under bailable and non-bailable categories. Exceptions to the Bail Act are also noted. The document is intended to provide legal professionals with information to properly handle bail applications in Sri Lanka.
The Duty to Report under the Criminal Justice Act 2011Catherine Allen
Explains the exercise of the duty to report an offence under the Irish Criminal Justice Act 2011 s.19. Defines the "relevant offence" that will engage the duty, as well as the penalties for failing to report an offence. Explains the difficulties in determining the existence of a "reasonable excuse" and reporting "as soon as it is practicable".
http://www.premierebailbonds.com – In the Bail Resource Guide, Premiere Bail Bonds, a leading California bail bonds company, explains the history of bail, how bail works, explains the difference between different bonds, the premiums and rates as well as the different county bail schedules. This is your all-encompassing resource guide to bail bonds in California.
If you are charged with a Criminal Offence in Sydney, each charge will have elements that the prosecution must prove in order to find you guilty of the offence. These “elements” or “ingredients” must also be proven beyond reasonable doubt.
1. The document discusses the concept of coercion or duress in contract law. Coercion is defined as committing or threatening any act forbidden by the Indian Penal Code or unlawfully detaining property with the intention of causing someone to enter an agreement.
2. Coercion removes a person's freedom of choice and substitutes their aims with those coercing them. It affects the constraints under which a person maximizes their objectives, rather than removing their objectives entirely.
3. Coercion under Indian law is broader than the English law concept of duress, which originally only recognized threats of violence. Duress now includes threats to property or economic interests. However, legitimate commercial pressure to
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
The document is a student project submission on the topic of confessions in law of evidence. It begins with an introduction and preface on the law of evidence. It then discusses the meaning of a confession, noting it is a statement by an accused that is adverse to them. It outlines the key differences between a judicial confession made before a court and an extra-judicial confession made elsewhere. It also discusses when a confession is relevant or not relevant as evidence, focusing on sections 24-27 of the Indian Evidence Act. The document provides details on the relevancy of confessions and differences between admissions and confessions.
York County, Virginia General District Court Filing Traffic CourtChuck Thompson
http://www.gloucestercounty-va.com Posted for a story posted on the linked website dated April 22nd, 2015. Shows how the court ignored the rules of the court and railroaded a person who was fraudulently charged in our opinion.
Abstract
The denial of bail for an indefinite period impinges on fundament rights. The prisoner must not be punished before conviction. Granting of bail always rings for the conflicting interest between liberty of an individual and interest of the society. The Principle underlying release on bail is that an accused person is presumed in law to be innocent until his guild is proved beyond reasonable doubt and as a presumably innocent person; he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security.
The other object of the release of a person on bail is to secure the presence of the person charged with crime at his trial or at any other time when his presence may lawfully be required and to force him to submit to the jurisdiction and punishment imposed by the Court.
The normal rule is bail and not jail. Again at various occasions, Hon’ble Supreme Court and several High Courts reiterated that ‘the grant of bail is a rule and refusal to bail is an exception.
The significance and sweep of Article 21 make the deprivation of liberty a matter of concern and permissible only when the law authorizing it is reasonable, even-handed and geared to the goals of community good and State necessity spelt out in Article 19.
Grant of bail by the Court is a discretionary order. However, this discretion shall be exercised in judicial manner and not as a matter of course. The order denying the bail shall provide cogent reasons of rejection. The nature of the offence is one of the basic considerations for the grant of bail - more heinous is a crime, the greater is the chance of rejection of the bail, though, however, dependent on the factual matrix of the matter.
Making Women Alternatively Empowered Beyond Measure. (With Reference To The C...inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
This document summarizes key sections of the Bill of Rights in the Philippines. It discusses the right to habeas corpus which protects individuals from unlawful detention. It also covers the right to a speedy trial and disposition of cases, protection against self-incrimination, prohibitions against detention based on political beliefs and involuntary servitude, bans on excessive fines or cruel punishment, protections against imprisonment for debt or unpaid poll taxes, double jeopardy, and ex post facto laws.
This document summarizes key sections of the Bill of Rights in the Philippines. It discusses protections such as the writ of habeas corpus which prevents unlawful detention and requires authorities to justify holding individuals. It also covers the right to a speedy trial, protection against self-incrimination, bans on detention for political beliefs and debt imprisonment, as well as guarantees against double jeopardy, excessive punishment, and ex post facto laws. Key terms are defined for quasi-judicial bodies and different types of evidence and proceedings.
A3211120228-MARKANDEY SINGH-EVIDENCE LAW PPT.pptxmarkandeysingh18
1. The document discusses different types of estoppel under Indian law, including estoppel by record, estoppel by deed, estoppel by conduct, equitable estoppel, estoppel by negligence, estoppel on benami transactions, and estoppel on a point of law.
2. Estoppel refers to a situation where a person is not allowed to deny or dispute a fact due to their previous actions, conduct, or representations which caused another person to reasonably rely on the fact.
3. The key types of estoppel discussed are estoppel by record which prevents disputing facts a judgment is based on, estoppel by deed which prevents denying facts agreed to in a deed, and estoppel by conduct which includes
1. Consent can act as a defense in criminal law by negating the intent element of a crime. The Indian Penal Code describes excuses like consent that are not considered offenses.
2. Consent is defined broadly in Sections 87-91 of the IPC as a general defense and is also mentioned as a defense in specific sections related to offenses against the body and property. Where consent is obtained through fraud, fear or from an unsound person, it is not valid consent.
3. For offenses like murder, the consent of the victim only reduces the charge to culpable homicide, rather than absolving culpability. In rape, lack of consent is a key element of the offense as amended in 2013.
Similar to Consent in Sexual Offences since the Enactment of the Sexual Offences Act 2003 (20)
Consent in Sexual Offences since the Enactment of the Sexual Offences Act 2003
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Critically evaluate the definition of consent for the purposes of
sexual offences since the enactment of the Sexual Offences Act
2003, with particular regard to the assumptions in ss.75 and 76.
Introduction:Consent and the need for a clear legal definition
As the clock struck midnight on 1st May 2004, the Sexual Offences Act 2003 came into force
and provided for the first time a statutory definition of consent. Whether the Act be
considered a demonstration of a more advanced understanding of sexual offences than may
be said for the previous 1956 legislation or as a sharper legislative tool designed to ease the
task of the prosecution however is a topic worthy of an entirely separate legal discipline. As
well as protecting or undermining sexual choice, the law of a particular state on sexual
offences also says a great deal about the sexual morality of that state, as well as the extent
to which the shifting cultural and political landscapes of that state have shaped its legal
position on sexual offences.1
This paper will seek to critically analyse the definition of consent provided by the 2003 Act
with particular regard to the evidential and conclusive presumptions outlined under
sections 75 and 76 respectively. Firstly, this paper will critically discuss the precise meaning
of the statutory definition as it appears in the Act before discussing the circumstances under
which sections 75 or 76 may be invoked. Reference will be made to relevant literature and
significant case law which has, despite shedding some light on the complex yet precise
meaning of consent, fallen short of establishing a sufficiently clear legal framework.
Consent under section74: a critical evaluation
Given that a number of the offences under the 2003 Act rely on the absence of consent as a
prerequisite to establish guilt, it is of critical importance that the term be given a clear and
precise meaning2. The full wording of the relevant provision however, namely s.74 of the
Act, simply states that:
1 It is also worth mentioning that such a stance is also likely to influencepolicy and legal developments in other
areas e.g. the legal stanceof that state on prostitution.
2 E. Freer, 'Yes, no, maybe - recent cases on consent and freedom to choose' [2016] 1(1) Archbold Review 6-9.
See also J.R. Spencer, 'Sex by deception' [2013] 9(1) Archbold Review 6-9.
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“…a person consents if he agrees by choice, and has the freedom and capacity to
make that choice”.
The first point to note here is that the complainant gives consent only if he or she ‘agrees’ to
the act. The actus reus of rape for example does not require that the complainant resist or
oppose penetration; therefore intercourse with a woman who is asleep (Lartner and
Castleton3) or a woman so intoxicated that she is unaware of what is happening at the time
of the alleged act (Malone4) constitute the actus reus of rape5. It seems that this provision
was intentionally drafted so as to allow for a broad, far-reaching interpretation of consent.
An example of this broad interpretation may be found in R v The DPP6, when the court
considered a specific incident where the complainant agreed to have sexual intercourse
with the defendant on the condition that he would not ejaculate inside her. In other words,
her consent to the intercourse rested on him keeping his promise. When the defendant
intentionally ejaculated inside her, the court commented:
“She was deprived of choice relating to the crucial feature on which her original
consent to sexual intercourse was based. Contrary to her wishes, and knowing
that she would not have consented and did not consent to penetration if she had
any inkling of his intention, he ejaculated within her vagina. In law, this
combination of circumstances falls within the statutory definition of rape”.7
Secondly, if the complainant is too young or lacks the mental capacity to make a choice then
it will be assumed that there is no consent. In determining whether or not a complainant
3 [1995] Crim LR 75.
4 [1998] 2 Cr App R 447
5 The Court of Appeal has acknowledged however, followingthe decision in Bree [2007] EWCA Crim804, that
even if a victimis drunk she may be able to give (or refuse) consent. This essentially means considering
whether or not the victim’s level of intoxication,with regard to the facts and circumstances of the case,was
such that she losther mental capacity to choose. This is discussed in further detail later.
6 R (on the application of F) v The Director of Public Prosecutions. See also ‘A’[2013] EWHC 945 (Admin).
7 At para 20 - 27. It must be said however that this decision iscontroversial.The court seems to be saying
‘Anything that happens duringsexual intercoursewhich was not previously consented to by the complainant
prior to the intercoursetakingplacewill vitiatewhatever initial consent initially existed and therefore amount
to rape’. If this is to be accepted however, this must surely amount to a conclusivepresumption under section
76. For example, if a complainantagrees to have sex with a defendant on the condition thathe wear a
condom, but at some pointduringthe act the defendant intentionally removes the condom and continues
with the intercourse, then itseems entirely reasonableto concludethat from this pointonwards the
defendant will be committing rape. But whilethis seems unproblematic,and whilefew people would object to
the rulingin R v DPP, the courts must be careful not suggest that there be some kind of considered verbal or
even contractual agreement between two parties before they engage in intercourse in order to determine
what is being consented to and what is not – clearly,such a suggestion would be entirely unrealistic.
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over the age of 16 lacked mental capacity, it is likely that the courts will adopt the definition
provided by the Mental Capacity Act 20058, whereas for children, the court is likely to guide
the jury by referring to the decisions in both Gillick9 and R v H10. Finally, the complainant
must be ‘free’ to make the choice. The leading case here is Olugboja11. In this case, the
complainant did not struggle or resist while the accused had intercourse with her as she was
terrified following another rape by the defendant’s friend. The Court of Appeal emphasized
that it would be for the jury to decide as to whether the victim was consenting, albeit
reluctantly, or submitting12. Indeed, as Dunn LJ put it:
“…there is a difference between consent and submission; every consent involves
a submission, but it by no means follows that that a mere submission involves
consent”.13
The central point here is that even before considering whether or not the circumstances of
the case fall within the criteria under sections 75 and 76, the court will presume that there
was no consent if there was no agreement to the act, no capacity to make the choice or no
freedom to make the choice. However, where the defendant maintains that there is
evidence to suggest either that the complainant consented to the relevant act or that he
reasonably believed that the complainant consented, it will be necessary to consider the
evidential assumptions of consent under section 75. It is to this section that our attention
now turns.
Evidential presumptions under section75: context and
implementation
In an attempt to clarify the definition of consent under the previous provision, section 75
provides a list of circumstances which, if established, will result in there being a
presumption that the victim did not consent to the relevant act. In essence, these are
8 s.2(1)
9 Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112.
10[2007] EWCA Crim 2056.
11 [1982] QB 320.See also D.W.Selfe, 'The meaning of consent within the Sexual Offences Act
2003' [2008] 178(1) Crim. Law.
12 K. Laird,'Rapistor rogue? Deception, consent and the Sexual Offences Act 2003' [2014] 7(1) Crim. L.R 492-
510.
13 p.332 at para (A).
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questions of fact, not law: it will be up to the jury to decide as to whether these
circumstances existed14.
Without wishing to cite the provision in full, it is sufficient here to say that the
circumstances under which there will be an evidential (and therefore refutable)
presumption of no consent under section 75 are as follows:
D (the defendant) was using violence against C (the complainant) or causing C to fear
that immediate violence would be done to her or another person15;
C was, and D was not, unlawfully detained at the time of the relevant act16;
C was asleep or unconscious at the time of the relevant act17;
C, because of her physical disability, was not able to communicate to D whether she
consented to the relevant act18, and finally;
C took, without her consent, or was forced to take, a substance which caused or
enabled her to become stupefied or overpowered at the time of the relevant act19.
To consider the complexities in how consent operates within all of these individual
circumstances is beyond the scope of this essay, and so the following comments will adopt a
more general, overarching approach to analysing consent in regard to section 75.
It has been well established that the absence of any physical injury, such as bruising, does
not imply that the relevant sexual act was consensual. Worryingly however, there is
evidence to suggest that the police, judges, and prosecutors are less likely to accept
allegations of sexual offences (particularly rape) where no violence took place20. It is
startling that complainants have been told that their injuries ‘are not severe enough’ for a
14 J. Temkin and A. Ashworth, "The Sexual Offences Act 2003:(1) Rape, sexual assaults and theproblems of
consent" [2004] Crim.L.R. 328, 344.
15 ss.2(a) and (b)
16 ss.2(c)
17 ss.2(d)
18 ss.2(e)
19 ss.2(f)
20 J. McEwan, 'Provingconsent in sexual cases: legislativechangeand cultural evolution' [2005] 9(1)
International Journal of Evidence and Proof, 1-28.
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criminal trial to proceed21, or to be asked at cross-examination, “Why did nobody hear
screams?”22
Conclusive presumptions under section76
Section 76 sets out conclusive presumptions: if these circumstances exist, then it is
immediately presumed that the victim did not consent. These circumstances are:
“(a) the defendant intentionally deceived the complainant as to the nature or
purpose of the relevant act;23
(b) the defendant intentionally induced the complainant to consent to the
relevant act by impersonating a person known personally to the complainant”.24
To critically discuss both subsections and their related case law is beyond the scope of this
work, and so only a brief comment shall be made here in relation to subsection (b). This
rather straightforward provision is designed to deal with cases where the defendant
impersonates the husband or boyfriend of the complainant. In applying this provision, the
courts are likely to follow the guidance found in the leading case of Elbekkay25. For the
purpose of broadening our understanding of consent in sexual offences however, it is
subsection (a) that we must consider further.
Subsection (a) is intended to address those cases where the defendant deliberately fools the
complainant to attain her consent. For example, in Flattery26, the defendant successfully
convinced the victim, a 14 year old girl with learning difficulties, that he was performing a
medical operation when in fact he engaged in sexual intercourse27. Inevitably however,
there remains uncertainty surrounding what exactly is meant by the ‘nature and purpose’ of
the act; a feature most clearly demonstrated in Linekar28. In this case, the defendant told
21 J. Harris and S.Grace, A Question of Evidence: Investigating and Prosecuting Rape in the 1990s, HORS 196
(Home Office: London, 1999) 21.
22 B. Brown, M. Burman and L. Jamieson, Sex Crimes on Trial: The Use of Sexual Evidence in Scottish Courts
(Edinburgh University Press:Edinburgh,1993) 183.
23 s.76 (2)(a)
24 s.76 (2)(b)
25 [1995] Crim LR 163.
26 [1877] 2 QBD 410.
27 This principlehas been confirmed in more recent caselawtoo. See Williams [1923] 1 KB 340 and B [2006]
EWCA Crim 400.This principle,simply put,states: his deception vitiates her consent.
28 [1995] 2 Cr App R 49.
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the complainant that he would pay her for sexual intercourse. On this condition, the
complainant consented. Immediately after intercourse however, the defendant ran off
without paying. The Court of Appeal ruled that this did not amount to rape on the grounds
that the defendant had not deceived the complainant as to the nature or the purpose of the
act – the complainant had only been deceived as to what would happen afterwards (that
she would be paid).
However, due to the reference in section 76 to ‘purpose’, it seems reasonable to suggest
that Linekar may well have been decided differently had the case arisen after the 2003 Act.
From the complainant’s perspective, the ‘purpose’ of the act was clear: to make money. By
not paying her then, surely the defendant has deceived her as to the purpose of the act?29
Section76: a final note
It must be remembered however that simply because the facts of a case may not fall neatly
within the presumptions under s.76, this does not mean that there is consent. In other
words, the jury will be directed to consider whether or not the victim consented by referring
to the general meaning of that term under s.74. It is worth mentioning however that
feminist legal scholars have questioned whether there exists the capacity for women ‘to
affect and be affected when consent under s.74 is a feeling belonging to the “he”, felt by the
heterosexual penis and endorsed by an institution obviously supporting patriarchy in all its
glory’30. Such remarks provide a clear indication of how cultural, social and political
sentiments influence the legal understanding of consent in accordance with s.74.
29 J. Herring, "Mistaken Sex" [2005] Crim. L.R. 511,particularly atp.517. This rather depends on whether or not
the caseis viewed from a defendant-based or complainant-based perspective.As suggested, the defendant-
based approach is problematic in the sensethat itseemingly excuses a deliberate actof deception providing
that the deception in question relates to something that may or may not happen after the act. The
complainant-based approach however is also potentially problematic in thesense that it may be extending the
interpretation of deception in consent too far.Consider the followingexample: D, C’s boyfriend, suggests that
they have sexual intercourse.C agrees and reasonably believes thatthis is a passionateactdemonstrating
their intense love for one another. However, unbeknown to C, D has already decided that he no longer loves C
and wishes to end their relationship thefollowingday.Has D deceived C as to the ‘purpose’ of the actunder
s.76? The lawremains unclear.
30 N. S. Halal,‘”I havethe freedom and capacity to… Or do I?” Challengingthe Definition of ‘Consent’ under the
Sexual Offences Act 2003’(2015).
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Conclusion
This essay has provided a critical evaluation of the definition and meaning of consent under
s.74 of the Sexual Offences Act 2003 and sought to outline the key questions facing judges
and juries in relation to the presumptions under s.75 and s.76. It has been maintained that
the current definition of consent is complex and is open to a wide variety of interpretations
as the common law develops.
As a final remark, it is notable that the criminal law adopts a strict approach to the
attainment of property via threats, fraud or deception. However where consent to sexual
acts are concerned, it seems that much less is expected31. It remains true that there is a
delicate balance to be struck between protecting the freedom to engage in sexual relations
and the right to be protected from unwanted sexual relations, and it is for these reasons
that the criminal law must seek to establish a clearer legal framework in relation to consent
in sexual offences.
31 J. Herring, Criminal Law (8th ed, Law Masters, PalgraveMacmillan 2013).
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Bibliography
Cases referred to:
‘A’ [2013] EWHC 945 (Admin)
B [2006] EWCA Crim 400
Bree [2007] EWCA Crim 804
Elbekkay [1995] Crim LR 163
Flattery [1877] 2 QBD 410
Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112
Lartner and Castleton [1995] Crim LR 75
Linekar [1995] 2 Cr App R 49
Malone [1998] 2 Cr App R 447
Olugboja [1982] QB 320
R v H [2007] EWCA Crim 2056
R (on the application of F) v The Director of Public Prosecutions
Williams [1923] 1 KB 340
Other documents referred to:
Brown B., Burman M. and Jamieson L., Sex Crimes on Trial: The Use of Sexual Evidence in
Scottish Courts (Edinburgh University Press: Edinburgh, 1993) 183
Freer E., 'Yes, no, maybe - recent cases on consent and freedom to
choose' [2016] 1(1) Archbold Review 6-9
Halal N.S, ‘”I have the freedom and capacity to… Or do I?” Challenging the Definition of
‘Consent’ under the Sexual Offences Act 2003’ (2015) Full PDF available at:
http://www.lse.ac.uk/genderInstitute/pdf/graduateWorkingPapers/noraSelinaHelal.pdf
9. Brief ID: 437573
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Harris J. and Grace S., A Question of Evidence: Investigating and Prosecuting Rape in the
1990s, HORS 196 (Home Office: London, 1999) 21
Herring J., "Mistaken Sex" [2005] Crim. L.R. 511
Herring J., Criminal Law (8th ed, Law Masters, Palgrave Macmillan 2013)
Laird K., 'Rapist or rogue? Deception, consent and the Sexual Offences Act
2003' [2014] 7(1) Crim. L.R 492-510
McEwan J., 'Proving consent in sexual cases: legislative change and cultural evolution' [2005]
9(1) International Journal of Evidence and Proof, 1-28
Selfe D.W., 'The meaning of consent within the Sexual Offences Act
2003' [2008] 178(1) Crim. Law 3-5
Spencer J.R., 'Sex by deception' [2013] 9(1) Archbold Review 6-9
Temkin J. and Ashworth A., "The Sexual Offences Act 2003: (1) Rape, sexual assaults and the
problems of consent" [2004] Crim. L.R. 328, 344