Legal Principles of Consent and Mistake in Criminal Law

General Exceptions - Consent
Ss 87-92 PC. BOP on accused
Seminar 9 Mindmap –
Consent
S 26 PC – reason to believe,
s26B – good faith
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.
S92 PC Act done in good faith
for benefit of person without
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
Does not extend to intent to
cause death or grievous hurt.
General Exceptions - Accident
Ss 80 PC. BOP on accused
Seminar 9 Mindmap –
Accident
Act must be lawful. See s43 PC
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
Logically, must be an accident
which means accused did not
intend, foresee and expect.
Read 
Leu Xing Long
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
General Exceptions - Mistake
Ss 79-79A PC. BOP on
accused
Seminar 9 Mindmap –
Mistake
Good faith. Due care and
attention. A question of fact.
See s26B PC and Read 
Ong
Mingwee
 and Read 
Pram Nair
.
Bound by law or justified by law –
s76 PC. Act must be lawful – s43 PC
New section s79A. Mistake of
law or ignorance of the law is
not a defence unless negate
fault element such as
dishonesty.
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.
Act must be lawful. See s43 PC
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.
Section s79. Mistake of fact or
ignorance of the fact - negate
fault element such as
dishonesty.
General Exceptions - Necessity
Ss 81 PC. BOP on accused
Seminar 9 Mindmap –
Necessity
Injury caused. See s44 and 44A PC
Avert greater of two evils,
avoid consequences, no
disproportionate results
(without criminal intention to cause
harm, arguably akin to motive or
intention to commit an offence –
phrase removed in CLRB 2019).
Good faith. Due care and
attention. A question of fact.
See s26B PC. Read 
Low Song
Chye
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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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  1. 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

  2. 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

  3. 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

  4. 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

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