Cheatography
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Criminal Law Semester Two
This is a draft cheat sheet. It is a work in progress and is not finished yet.
Introduction to Consent
In theory, individuals can waive certain rights because we <3 autonomy and freedom! So we can technically consent to injury AND the wrongdoer might not be liable (DELICT ONLY) |
volenti non fit injuria - an injury is not done to one who consents. Again, applies to delict only. |
In Crim, a crime is committed against the whole community so a victim may not waive their right as there is a greater public interest. |
Thus, victim cannot make an unlawful act suddenly lawful just by consenting, as we have to consider public policy. |
General rule: a victim's consent will not excuse the conduct of the wrongdoer! |
NB to note: Sometimes the victim's consent may be considered. The weight of this consent is determined by the court. The will compare individual autonomy vs consent should never be a defense against harm. Depends on the crime tho. |
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REQUIREMENT #1
Consent must be recognized by law as a possible defence. |
...so is the crime in question one which recognises consent as defence? |
CRIMES YOU CANNOT CONSENT TO: |
like you cannot consent to crimes that harm the State in any way :/ |
e.g perjury, treason |
Crimes against community interests |
e.g domestic violence, women/children abuse, slavery |
Crimes against the individual |
e.g murder |
CONSENT CAN BE USED AS A DEFENCE: |
When LACK OF CONSENT is part of the definitional element of a crime, then the victim's consent is obvs important because it provides a DEFENCE. |
e.g rape |
"the unlawful, intentional sexual penetration of another without consent" |
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e.g theft |
"Unlawful appropriation of a thing capable of being stolen with the intention of permanently depriving the owner of ownership" |
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"If the owner consents to the thing being taken or used then there is not theft" |
When there is an individual interest at the disposal of the victim, and they consent. |
e.g malicious damage to property |
Can consent to have property damaged as long as you have the ownership of the property |
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