Consent Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are the 2 questions to be asked in order to prove consent?

A
  1. Can V consent to the crime?

2. Did V really consent to the crime?

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2
Q

What crimes can V consent to?

A

Common assault and battery. - Slingsby

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3
Q

What crimes can V not consent to?

A

Murder - Pretty v UK

S18 - Leach

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4
Q

What crimes can V generally not consent to?

A

S47 and S20

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5
Q

What is the general rule from R v Brown and others?

A

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.

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6
Q

What are the exceptions to the general rule?

A
  • Properly conducted sports and games
  • Horseplay
  • Tattooing/Branding
  • Medical Treatment
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7
Q

What does Aitken show?

A

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

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8
Q

What does Wilson show?

A

‘Personal adornment’ - branding was compared to tattooing which was listed as an exception in Brown.

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9
Q

What does Olugboja show?

A

Submission is not the same as consent.

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10
Q

What are the 3 things to consider for if V actually consented?

A
  1. Does V have capacity to consent
  2. Was the consent genuine
  3. Was there implied consent
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11
Q

What does Gillick show?

A

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.

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12
Q

What does it mean for consent to be genuine?

A

V knows the nature of what is happening as well as all the risks and circumstances involved.

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13
Q

What does Newland show?

A

V did not consent to what was actually happening.

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14
Q

What is implied consent?

A

When it is assumed that there is consent from the circumstances. Wilson v Pringle.

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