Philosophy 2080 : The Guilty Mind

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The appellant is a businessman who was anxious to sell his home in vancouver. She was to be responsible for the matter on her firm s behalf. She met with the appellant by appointment at a downtown restaurant for lunch. It lasted for 3 hours during this time a great deal of liquor was consumed. Each seemed capable of functioning normally however. y appellant drove the complainant s car while she sat in the front passenger seat. She related a story of rape completely against her will and over her protests and struggles. She arrived at the door of a house nearby and demanded entry and protection. If it is considered necessary in this case to charge the jury on the defence of mistake of fact it would be necessary to do so in all cases where the complainant denies consent and an accused asserts it.

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