consent

Question 1

what is consent?

Answer 1

a full defence which makes an unlawful act lawful.

Question 2

r v Donovan

Answer 2

sexual assault with cane. he appealed and said V consented and conviction was quashed.

Question 3

r v slingsby

Answer 3

involuntary manslaughter by unlawful act. cuts by signet ring caused blood poisoning.V consented to sexual act so his conviction was quashed

Question 4

real consent

Answer 4

understanding nature of act

Question 5

true consent

Answer 5

understanding the quality of the act

Question 6

informed consent

Answer 6

knowing all of the information

Question 7

Burrell v Harmer (real)

Answer 7

12&13 year old boys consented to being tattooed. not real as unable to comprehend nature of the act

Question 8

Gillick(real)

Answer 8

16 year old wanted contraception, mother wouldn’t allow

Question 9

gillick competence

Answer 9

sufficient understanding and intelligence to understand fully what is proposed

Question 10

r v tabassam (true)

Answer 10

pretended to be doctor, inspected breasts, they consented but not true as he wasn’t a doctor

Question 11

r v richardson (true)

Answer 11

the dentist who at the time of performance was suspended.

Question 12

r v olugboja (true)

Answer 12

can’t consent through fear or coersion

Question 13

r v dica (fmd)

Answer 13

HIV positive he knew girl didn’t, she didn’t consent

Question 14

r v konzani (fmd)

Answer 14

HIV to three woman, consented to sex not to disease

Question 15

r v golding (fmd)

Answer 15

gave partner herpes she didn’t consent to being infected.

Question 16

minor injuries (att ref no 6 of 1980

Answer 16

not in society interest to cause harm unless for a recognised good reason.

Question 17

wilson v pringle (imp)

Answer 17

josslings of everyday life

example: holding hands, high five

Question 18

r v thomas

Answer 18

touching someones clothes is the same as touching them.

Question 19

exception to att ref no 6 1980

Answer 19

surgery
sport
horseplay
euthanasia
personal adornment

Question 20

r v barnes(sport)

Answer 20

not consent if what occurs goes beyond the rules of the sport.

Question 21

r v billinghurst & r v johnson (sport)

Answer 21

if conduct lies outside the rules of the sport-not consent

intentional infliction of injury will always be criminal

Question 22

factors to consider for sport

Answer 22

level of ability from player
normal play/flash of anger
“off the ball”

Question 23

horseplay

Answer 23

“friendly” violence or “honest belief of consent”

Question 24

r v jones (hp)

Answer 24

had a genuine belief of consent. doesn’t need to be a reasonable belief as long as its genuine.

Question 25

r v aitken (hp)

Answer 25

officers did practical joke, 1 officer sustained serious burns but had a genuine belief in consent.

Question 26

r v brown (pa)

Answer 26

5 men-sexual acts. consent was given, was in private, no ,medical attention needed..
BUT convicted s47 & s20

Question 27

r v wilson (pa)

Answer 27

branded his wife, she needed medical attention. not guilty-not in public interest to criminalise such private consensual behaviour.

Question 28

r v Emmett (pa)

Answer 28

high risk sexual activity, needed medical attention.

consent should apply, serious harm couldn’t be consented to if “transient & trivial”.

Question 29

ruling in r v brown (pa)

Answer 29

there is a difference between violence which is incidental and violence which is inflicted for the indulgence of cruelty.

Question 30

Euthanasia

Answer 30

a person consents to another taking their life, if assists the person in taking their own life they would be guilty of assisting suicide, s2 suicide act- r v gilderdale

Question 31

r v pretty(eu)

Answer 31

wanted assistance from husband, asked for him to not be prosecuted. Refused, judicial review against human rights (right to life) BUT no corresponding right to die

Question 32

airedale(eu)

Answer 32

vegetative state for 3 years, requested to stop giving life, “an omission of treatment not unlawful”

Question 33

r v inglis(eu)

Answer 33

mother gave lethal dose of heroin to vegetative son to kill as she believed him to be in pain. murder. “active termination of life is unlawful”