(ii) A reasonably believed that B consented to the conduct constituting the offence. subsection (1) a reference to an image, in relation to an offence against section 51B(1), is a reference to the image that A involves the child in producing. the purposes of subsection (1)(e), the reference to the time at the image was first made does not include a reference to any later time at which a copy, reproduction or alteration of the image is made. bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(f)(ii). Notes 1 References to A and B in this section are references to the same A and B referred to in sections 51B, 51C, 51D, 51G and 51H. 2 An evidential burden applies to the matters referred to in subsection (1)(a), (b), (c), (d), (e) and (f)(i). 3 See section 36 for the meaning of consent. 51R Defence—reasonable belief in marriage or domestic partnership is a defence to a charge for an offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if— child abuse material is an image; and image is child abuse material because of its depiction of another person (B); and
(ii) A reasonably believed that B consented to the conduct constituting the offence. subsection (1) a reference to an image, in relation to an offence against section 51B(1), is a reference to the image that A involves the child in producing. the purposes of subsection (1)(e), the reference to the time at the image was first made does not include a reference to any later time at which a copy, reproduction or alteration of the image is made. bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(f)(ii). Notes 1 References to A and B in this section are references to the same A and B referred to in sections 51B, 51C, 51D, 51G and 51H. 2 An evidential burden applies to the matters referred to in subsection (1)(a), (b), (c), (d), (e) and (f)(i). 3 See section 36 for the meaning of consent. 51R Defence—reasonable belief in marriage or domestic partnership is a defence to a charge for an offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if— child abuse material is an image; and image is child abuse material because of its depiction of another person (B); and
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