Reference no: EM133299751

Case: X asks Y to help X move out of X's apartment. Y helps X move and then is arrested for theft. It turns out that this was H's house and that X had tricked Y into believing that this was X's apartment and X's possessions. Does Y have an excuse defense based on a mistake of fact to the theft (eg. lack of intent to remove H''s possessions) ? Would it be relevant to your answer if Y thought at the time that the apartment was too expensive and luxurious to be afforded by X? Y is enraged over Y's arrest and following Y's arrest Y decides to take revenge against X. Y plans to kill X and has a couple of large drinks of liquor to get the necessary strength to carry out the murder. Y is only mildly inebriated although this enables Y to gather the inner strength required to kill X. Would Y have a defense to first degree murder based on "intoxication ?" Y flees on foot to avoid arrest after killing X and is unarmed. A police bulletin reports that Y is "armed and dangerous" and may have committed a murder. Y spots several officers and decides to evade them by entering a crowded fast food restaurant. As Y approaches the restaurant door uniformed Officer P spots Y and as Officer P orders Y to "freeze" Y turns towards P. Y raises Y's hands as if to "surrender." P mistakes Y's black cell phone for a firearm and shoots and severely wounds Y. Was this a justified application of deadly force by Officer P? Y, in the hospital is in intense pain and depressed. Y begs Y's friend F to give Y a fatal dose of a poisonous drug. Y takes the drug and dies. F pleads in defense to murder that Y consented to Y's death.

Question: Will F be successful in this defense of consent ?