Consent Flashcards
Define consent
A common law defence which provides an excuse that has to be real, informed and valid and it can be implied. Predominantly used for non fatal offences but you cannot consent to section 47 and above which is stated in brown and others
Why is consent not a true defence
There is no crime because there is consent
Gillick
Mother believed girls under 16 shouldn’t be allowed contraception
States that consent must be full and informed, individual must know the capacity of consent and they must be of a reasonable age so they know what they’re consenting too
Burrell v Harmer
D tattooed two boys aged 12 and 13 but they had both consented
There consent was ineffective as they were unable to give valid consent as they were unable to comprehend the nature of the act
Tabbusum
D pretends to be a doctor and carried out examinations on women’s breast as they believed it was for breast cancer
There was no true consent as it was fraudulent
Dica
D knew he had HIV and had sex with women
Cannot consent to the transmission of HIV as it is biological GBH
Konzani
Same as Dica
Adaye
D had suspected HIV
Second degree knowledge of harm they were causing - there was no informed consent
Oluboja
D offered girls a lift then raped them but he argued she gave consent as she didn’t resist
She did not give real consent as it was forced
Richardson
A dentist carrying out work on patients after being suspended.
The patients had consented to the treatment even if she was suspended , it links to fraudulent consent
Jones
D threw friend in the air with the intention of catching them but caused GBH
mistaken belief in consent - consent to rough and undisciplined horseplay could be a defence even if the belief was unreasonable
Aitken
D set fire to v as a joke
D believed that v had consented so it was up to the judge to decide - NG
Emmett
D and v had sex which resulted in a haemorrhage and a burn on breast
She couldn’t give lawful consent and the injuries caused were more than transient injury
Wilson
D branded wife’s bum
Likened to a tattoo which is an exception so not guilty
Lock
D and v took part in S+M role play and she didn’t use the safe word
Not guilty as the woman signed a contract which is consent
Slingsby
D and v took part in vigorous activities in which d caused internal bleeding with led to blood poisoning
Not guilty as there was no intention to harm due to the victims consent
Brown and others
A group of men took part in serious S+M activities in which they all gave full informed and valid consent
Guilty as you cannot consent to that level of harm
Billinghurst
A rugby player punched another player in a match
It was outside the rules and he couldn’t have consented to being punched
Barnes
Footballer tackled another player which caused serious injury
V consented to the rules of the game and criminal proceedings are beyond than what to normally expect
Coney
D engaged in street fighting
Cannot consent to setting differences in the public as it’s not in public interest
Pretty
Needed help to die
The right to life did not include the right to die. Any assistance to death would result in guilty
Purdy
She wanted to die and said it was her human right to know whether her husband would be prosecuted
The law was not clear enough
Attorney Generals Reference
Exceptions : sport, reasonable chastisement, surgical, cosmetic interference and horseplay
