consent

Question 1

describe consent

Answer 1

when a victim agrees to suffer an injury, defence to some, less serious, non fatal offences

Question 2

what are the two things that consent must be for the defence

Answer 2

valid and informed

Question 3

what is meant by valid consent

Answer 3

• the victim must understand the nature of the act and understand exactly what they are consenting to
• victim must have the capacity to consent- children or people with mental illness may not be able to give valid consent

Question 4

what is a case for children being unable to give consent

Answer 4

burrell v harmer. d tattooed two boys aged 12 an 13 who had ‘consented’. cinsent was invalid because they ere children and d was charged with gbh.

Question 5

what is the consent case involving children that was allowed

Answer 5

gillick. a parent challenged d’s ability to prescribe the contraceptive pill to girls under the age of 16 without their parent’s permission. the courts said that doctors could give the pill to girls under the age if they possessed relevant competence now known as ‘gillick competence’.

Question 6

what is the act that regulates who is mentally capable of giving consent and what four things does it say

Answer 6

mental capacity act 2007, a person cannot make a decision if they are unable to:

1. understand the information
2. retain the information
3. weigh the information as part of making a decision
4. communicate their decision

Question 7

what is a leading case for informed consent

Answer 7

dica, defendants only consented to having sex with d, not contacting HIV therefore the consent was uninformed and d could not rely on the defence

Question 8

what are the rules for consent obtained by fraudulent means

Answer 8

will not always render the victims consent invalid. consent will only be invalid if the victim was deceived as to the nature and quality of the act or the identity of the defendant

Question 9

what is a case for consent by fraudulent means that was still valid

Answer 9

r v richardson. d was a struck off dentist that was convicted with abh when she continued to practice. COA said the victims consent was valid because they correctly understood the nature and quality of the act, it did not matter that they might have refused consent had they known she was struck off.

Question 10

what is a case for fraudulent consent that was disallowed

Answer 10

tabassum. d pretended he had medical qualifications and carried out ‘examinations’ on the breasts f three women. his conviction of indecent assault was upheld because he had deceived the woman as to the nature and quality of his act.

Question 11

which offences is consent a valid defence for

Answer 11

assault, battery, involuntary manslaughter (if v has consented then there is no unlawful act and d cannot be guilty)

Question 12

what are the seven exceptions to the rules of consent

Answer 12

surgery, tattooing and piercing, sports, boxing, horseplay, mistaken belief in consent, sexual acts

Question 13

what is the case for surgery

Answer 13

re: J (courts did not grant consent for the circumcision of baby)

Question 14

what is the case for sports

Answer 14

billinghurst, d punched someone in game of rugby, defence of consent was not allowed because it went beyond the realms of what had been consented to.

Question 15

what is the case for horseplay

Answer 15

jones, two schoolboys fractured their spleen and broke their arm after being tossed in the air by older boys who believed they were consenting. defence of consent was allowed

Question 16

what are two contrasting cases for sexual acts

Answer 16

• brown, the defence of consent was not allowed for homosexual men consenting to violent sexual acts
• wilson, the defence of consent was allowed for a married couple branding each other.

Question 17

what is the rules for mistaken belief in consent

Answer 17

if a d genuinely believes that v was consenting then there will be a defence of consent, consider the case of brown.