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- Words:
- 5773
- Submitted:
- Thu Oct 23 2003
... GENERAL DEFENCES MISTAKE & INADVERTENCE The defences of mistake and inadvertence (a failure to appreciate or realise) consist of a denial of the mens rea of the particular crime charged. I. Offences requiring subjective fault Here, either a mistake or inadvertence will operate as a defence. IMPORTANT The test of mistake and of inadvertence is also a subjective one. What this means is there is no requirement that the mistake be one which a reasonable man would have made or that a reasonable man would have failed to appreciate that which the accused failed to appreciate. DPP v MORGAN [1976] AC 182 - HL This was a rape case where a husband invited a number of his friends to have sexual intercourse with his wife. The wife did not consent and it was claimed that her protestations were mistakenly believed to be a 'kinky' way of
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