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Informed consent and the transmission of sexual disease: Dadson Revivified

Cooper, S and Reed, A 2007, 'Informed consent and the transmission of sexual disease: Dadson Revivified' , Journal of Criminal Law, 71 (5) , pp. 461-474.

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      Abstract

      This article examines the impact of the decisions in R v Dica (2004) and R v Konzani (2005) on the extent of the defence of consent. As well as analysing the impact of the decisions on the extent of the defence where a defendant faces criminal liability for the transmission of sexual disease, it also considers and examines the wider issue of whether the presence or absence of consent forms part of the actus reus of the relevant assault offence or whether it is a separate and independent element that stands outside of the conduct component of the offence. It is argued that recent developments have given insufficient consideration to accepted doctrine and revived much criticised principles by focusing on unknown circumstances of justification rather than the defendant's state of knowledge and mind.

      Item Type: Article
      Themes: Subjects / Themes > K Law > KD Law of the United Kingdom and Ireland > KD0051 England and Wales
      Subjects / Themes > K Law > K Law (General)
      Subjects outside of the University Themes
      Schools: Colleges and Schools > College of Business & Law > Salford Business School > International Strategy People Management & Salford Law
      Journal or Publication Title: Journal of Criminal Law
      Publisher: Vathek Publishing
      Refereed: Yes
      ISSN: 00220183
      Depositing User: S Cooper
      Date Deposited: 13 Feb 2009 10:31
      Last Modified: 29 Oct 2013 13:54
      URI: http://usir.salford.ac.uk/id/eprint/1738

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