CJS 211 Lecture Notes - Lecture 9: Mens Rea, Voir Dire
8 Dec 2020
School
Department
Course
Professor
Document Summary
This case is similar to morgan, except the facts are somewhat different. In morgan, we find the semblance of a reason the accused might believe in consent mr. morgan told them so. Here the issue is not so plainly supported. The issue raised: was there sufficient evidence to ask the jury to consider the accused had an honest but mistaken belief in consent. Judge refused, said no evidence to support the proposition. Saw the case as 2 conflicting stories: she said no consent, he said consent. No evidence to show that there"s a reason for belief of consent. Jury could accept whether there was consent or not. If no consent, don"t believe the accused"s version of the facts. Distinguished from morgan because in that 3 of 4 accused"s gave evidence to support existence of consent. Convicted at trial, appealed to bc ct of appeal on basis that defence should have been put to jury: appeal.
