Question
As a practicing lawyer your son Mpho told you that the criminal law lecturer Adv Jakes and jabu got into disagreements in a criminal class
As a practicing lawyer your son Mpho told you that the criminal law lecturer Adv Jakes and jabu got into disagreements in a criminal class after Adv TB Jakes said that " unlawfulness may" fall away if the accused can show that his conduct was in line with an agreement he had with the complaint or deceased in a case of murder.Jabu firmly argued that "as long as the complaint and the accused entered into the agreement, the conduct by the accused is deemed to be lawful; it does not matter what he is charged with".Jabu disagrees with the word "may" because it sets conditions for the use of the defence of consent.
As a specialist in Criminal law,with your knowledge of instances,where consent can be successfully used as a defence, whose perspective do you align with "the lecturer" or jabu?kindly provide rationale behind your choice (10 marks)
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