CRI365H1 Lecture Notes - Lecture 7: Traditional Marriage, Headache, Mens Rea
5 Dec 2018
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Crime and mind lecture 7: a cultural defence would be an individual acting in a way that is in accordance with the pre- sets of their culture, the courts would say the would understand and treat them leniently. Argument he makes that it is a normal cultural punishment in nigeria: 2nd case vietnamese family, using folk remedy to relieve headache by using serrated coin to relieve pain. Its not really assault an unusual practice: 3rd case: immigrants from south east asia, group called hamong number of groups moved to. Traditional marriage ceremony requires mock abduction and rape scenario. He has the intent for the assault, do not really have a defence: the case of the mock abduction, is challenging. Thing to remember in this case first of all consensual partners engaging in a scenario is not an offence, but law will also say you have to be secured in receiving consent.
