Defining Deception: Freeing the Church from the Mystical-Miracle Movement

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In dismissing Barton and Booth’s appeal against conviction, the Lord Chief Justice said: ‘We are satisfied that the decision in Ivey is correct, is to be preferred, and that there is no obstacle in the doctrine of stare decisis to its being applied as the law of England and Wales’.

Blechman, Hardy; Newman, Alex (2004). DPM: Disruptive Pattern Material. DPM Ltd. ISBN 978-0-9543404-0-7. An offence may be completed when the defendant fails to correct a false impression after a change in circumstances from the original representation (if the representation may be regarded as a continuing series of representations). A condition or deception is an important part of the context but not all of it. Whether consent was absent may well depend on other contexts,Diamond, A.; Lee, K. (2011). "Interventions shown to aid executive function development in children 4 to 12 years old". Science. 333 (6045): 959–964. Bibcode: 2011Sci...333..959D. doi: 10.1126/science.1204529. PMC 3159917. PMID 21852486. The Court in R v Bingham [2013] EWCA Crim 823 held that section 76 was to be strictly construed and that it would be a rare case in which section 76 would be applied. Allen, E. S.; Baucom, D. H. (2004). "Adult Attachment and Patterns of Extradyadic Involvement". Family Process. 43 (4): 467–488. doi: 10.1111/j.1545-5300.2004.00035.x. PMID 15605979.

If the documents are forged then the false representation would be that the document was genuine and would be honoured. The law applies in all situations and is not limited to those which might also amount to incidents of domestic abuse. Consent in Child Sexual Exploitation cases Consent should be carefully considered when deciding not only what offence to charge but also whether it is in the public interest to prosecute. Sometimes consent is given, or appears to be given, i.e. ostensible consent, but it is not true consent in the particular context in which the offending has occurred, for example in cases where a young complainant has been groomed. It is important to make a distinction between consent and mere submission, acquiescence or compliance.

Pronk, T. M.; Karremans, J. C.; Wigboldus, D. H. J. (2011). "How can you resist? Executive control helps romantically involved individuals to stay faithful". Journal of Personality and Social Psychology. 100 (5): 827–837. doi: 10.1037/a0021993. PMID 21244181. The evidence raising an issue as to consent and the defendant’s reasonable belief in consent can derive from any source - from the defendant or the cross-examination of prosecution witnesses. Once it has been adduced, no direction under section 75 is then required – the jury decide the issues in respect of consent on the evidence, in the usual way. Conclusive presumptions (section 76 SOA 2003)

The test of reasonable belief is a subjective test with an objective element. The best way of dealing with this issue is to ask two questions. R v Ali and Ashraf [2015] EWCA Crim1279 is of considerable assistance when considering whether to charge non-consensual offences and used the important term “context is all important”. In this case, some guidance was given on how consent should be approached in cases of child sexual exploitation: Assuming that the complainant had both the freedom and capacity to consent, the crucial question is whether the complainant agrees to the activity by choice. Deception impacts the perception of a relationship in a variety of ways, for both the deceiver and the deceived. The deceiver typically perceives less understanding and intimacy from the relationship, in that they see their partner as less empathetic and more distant. [12] The act of deception can also result in feelings of distress for the deceiver, which become worse the longer the deceiver has known the deceived, as well as in longer-term relationships. Once discovered, deception creates feelings of detachment and uneasiness surrounding the relationship for both partners; this can eventually lead to both partners becoming more removed from the relationship or deterioration of the relationship. [7] In general, discovery of deception can result in a decrease in relationship satisfaction and commitment level, however, in instances where a person is successfully deceived, relationship satisfaction can actually be positively impacted for the person deceived, since lies are typically used to make the other partner feel more positive about the relationship.Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. [1] [2] Deception can involve dissimulation, propaganda and sleight of hand as well as distraction, camouflage or concealment. There is also self-deception, as in bad faith. It can also be called, with varying subjective implications, beguilement, deceit, bluff, mystification, ruse, or subterfuge. Kopp, Carlo, Deception in Biology: Nature's Exploitation of Information to Win Survival Contests. Monash University, October 2011. In the case of stolen documents the false representation may be that the defendant was lawfully in possession of the cheque/credit card/book and entitled to use it or that he was the person named on the cheque/credit card/book and entitled to use it. Evidence is necessary to prove that the defendant communicated the false representation to a person or to a machine. It is not relevant whether the false representation is believed or has any affect on any other person. Section 76 provides two conclusive presumptions that the complainant did not consent to the activity and the defendant did not reasonably believe that the complainant consented.