LLB106 Lecture Notes - Lecture 7: Carnal Knowledge, Moral Turpitude, No Code
Document Summary
S 6 (1): is complete on penetration to any extent . S 6 (2): includes sodomy (penetration of the anus by the penis) Penetrated vulva, vagina or anus of another. With a thing or part of the person. S body that is not a penis. Without the consent of the other person. Section 348 definition relevant to chapter 32 only: (1) consent freely and voluntarily given by a person with the cognitive capacity to give the consent . False promise: dependant on effect of the promise on the ability of the victim to exercise their freedom of choice. Capacity: francis [1993] 2 qd r 300; millar [2000] 1 qd 437. Physical submission: holman [1970] war 2 (attitudes have changed, no longer law), Note: s349(3) - a child under the age of 12 years is incapable of giving consent . Section 24 - mistake of fact (excuse), honest and reasonable belief.
