Consent Flashcards
What are the 2 questions to be asked in order to prove consent?
- Can V consent to the crime?
2. Did V really consent to the crime?
What crimes can V consent to?
Common assault and battery. - Slingsby
What crimes can V not consent to?
Murder - Pretty v UK
S18 - Leach
What crimes can V generally not consent to?
S47 and S20
What is the general rule from R v Brown and others?
Consent will not be a defence to a crime under S20 (nor S47)
It is not in the public interest that people should cause others injury for no good reason.
What are the exceptions to the general rule?
- Properly conducted sports and games
- Horseplay
- Tattooing/Branding
- Medical Treatment
What does Aitken show?
For horseplay, V only needs to believe there is consent it does not matter if the consent is real as long as D intends no harm
What does Wilson show?
‘Personal adornment’ - branding was compared to tattooing which was listed as an exception in Brown.
What does Olugboja show?
Submission is not the same as consent.
What are the 3 things to consider for if V actually consented?
- Does V have capacity to consent
- Was the consent genuine
- Was there implied consent
What does Gillick show?
A person has capacity to consent if they are ‘Gillick competent’. This means that V must have sufficient maturity, intelligence, and understanding of the nature and consequences of what they are consenting to.
What does it mean for consent to be genuine?
V knows the nature of what is happening as well as all the risks and circumstances involved.
What does Newland show?
V did not consent to what was actually happening.
What is implied consent?
When it is assumed that there is consent from the circumstances. Wilson v Pringle.
