Legal Principles of Consent and Mistake in Criminal Law
In criminal law, consent plays a crucial role in determining liability for acts done with or without intention. The seminar mind map explores the concepts of consent, accidents, mistakes, and necessity in legal contexts, outlining the key principles, exceptions, and application in different scenarios. Understanding the nuances of these legal principles is essential for assessing culpability and defenses in criminal cases.
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Presentation Transcript
Seminar 9 Mindmap Consent Generally, unintentional act done by consent which is not known to be likely to cause death or grievous hurt (sports), act not intended to cause death done by consent in good faith for the person s benefit (Surgery), act done with consent of guardian in good faith for benefit of child or person of unsound mind S90 PC consent is not consent if under fear, misconception, unsound mind, child under 12 years old etc. Read Ong Mingwee where mistake of fact was available. Read Pram Nair where consent to sexual activity, while intoxicated, is still consent as long as there is a voluntary and conscious acceptance of what is being done. Read Ridhaudin for recent application. Ss 87-92 PC. BOP on accused General Exceptions - Consent S92 PC Act done in good faith for benefit of person without consent. Does not extend to intent to cause death or grievous hurt. S 26 PC reason to believe, s26B good faith
Seminar 9 Mindmap Accident Accused s act was the result of misfortune or an accident, act was done in a lawful manner, by lawful means, act was done with proper care and caution, act was done (without criminal intention or knowledge phrase removed in CLRB 2019). Read Leu Xing Long An effect is said to be accidental when the act by which it is caused is not done with the intention of causing it, and when its occurrence as a consequence of such act is not so probable, that a person of ordinary prudence ought, under the circumstances in which it is done, to take reasonable precautions against it. Read Leu Xing Long Ss 80 PC. BOP on accused General Exceptions - Accident Act must be lawful. See s43 PC Logically, must be an accident which means accused did not intend, foresee and expect. Read Leu Xing Long
Seminar 9 Mindmap Mistake Accused must show on BOP that there was sufficient cause to believe that victim consented, accused exercised due care and attention and accused s belief was in good faith. See s26 PC. Read Ridhaudin. Bound by law or justified by law s76 PC. Act must be lawful s43 PC Ss 79-79A PC. BOP on accused Mistake of age of a person cannot be a defence to any charge for a sexual offence if minor is below 16 years old s377D PC almost absolute liability. Good faith. Due care and attention. A question of fact. See s26B PC and Read Ong Mingwee and Read Pram Nair. General Exceptions - Mistake New section s79A. Mistake of law or ignorance of the law is not a defence unless negate fault element such as dishonesty. Section s79. Mistake of fact or ignorance of the fact - negate fault element such as dishonesty. Act must be lawful. See s43 PC
Seminar 9 Mindmap Necessity (without criminal intention to cause harm, arguably akin to motive or intention to commit an offence phrase removed in CLRB 2019). Injury caused. See s44 and 44A PC Ss 81 PC. BOP on accused General Exceptions - Necessity Good faith. Due care and attention. A question of fact. See s26B PC. Read Low Song Chye Avert greater of two evils, avoid consequences, no disproportionate results
