Consent

Question 1

Define consent

Answer 1

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

Question 2

Why is consent not a true defence

Answer 2

There is no crime because there is consent

Question 3

Gillick

Answer 3

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

Question 4

Burrell v Harmer

Answer 4

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

Question 5

Tabbusum

Answer 5

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

Question 6

Dica

Answer 6

D knew he had HIV and had sex with women

Cannot consent to the transmission of HIV as it is biological GBH

Question 7

Konzani

Answer 7

Same as Dica

Question 8

Adaye

Answer 8

D had suspected HIV

Second degree knowledge of harm they were causing - there was no informed consent

Question 9

Oluboja

Answer 9

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

Question 10

Richardson

Answer 10

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

Question 11

Jones

Answer 11

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

Question 12

Aitken

Answer 12

D set fire to v as a joke

D believed that v had consented so it was up to the judge to decide - NG

Question 13

Emmett

Answer 13

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

Question 14

Wilson

Answer 14

D branded wife’s bum

Likened to a tattoo which is an exception so not guilty

Question 15

Lock

Answer 15

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

Question 16

Slingsby

Answer 16

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

Question 17

Brown and others

Answer 17

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

Question 18

Billinghurst

Answer 18

A rugby player punched another player in a match

It was outside the rules and he couldn’t have consented to being punched

Question 19

Barnes

Answer 19

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

Question 20

Coney

Answer 20

D engaged in street fighting

Cannot consent to setting differences in the public as it’s not in public interest

Question 21

Pretty

Answer 21

Needed help to die

The right to life did not include the right to die. Any assistance to death would result in guilty

Question 22

Purdy

Answer 22

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

Question 23

Attorney Generals Reference

Answer 23

Exceptions : sport, reasonable chastisement, surgical, cosmetic interference and horseplay