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Lecture

Class 7.doc


Department
Law
Course Code
LAWS 2302
Professor
Mike Smith

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Criminal Law March 5, 2012
Class 7
Self Defence
Can defend self, family and property
Level of force can not exceed what is required to stop perpetrator or else
you are assaulting them
Two adults can consent to a fight, legally
Consent is the defence
Meeting of the minds
Can only use consent to an extent
Can not be too aggressive – causing bodily harm
R vs. Maki
Section 34
R vs Jobin – fight. Guy died
Consent is limited to how far it can go
Mistake of fact
No intent
Believed object was yours, take it
Ignorance of the law
Didn’t know it was against the law
Not an excuse
Mistake of fact and ignorance of the law are not the same
R. vs Papa John
Rape
Real estate agent and client
Drunk
She claimed rape, he said it was consensual
Mistake of fact
Mistake of fact is not allowed in consent issue cases
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