Consent

Question 1

What is consent

Answer 1

force used, not unlawful
R v Donovan
R v Slingsby

Question 2

R v Donovan

Answer 2

caned 17 year old - sexual gratification

conviction quashed as she consented

Question 3

R v Slingby

Answer 3

women died of small internal cuts consensual sexual activity

not guilty as there was consent

Question 4

What must consent be?

Answer 4

real and understood:

• without fraud/misdirection // R v Tabassum
• without threat // R v Olugboia
• informed // R v Dica or R v Golding

Question 5

R v Tabassum

Answer 5

Lied about qualification - pretend to be a doctor,

consent must be real and understood - without fraud/misdirection

Question 6

R v Olugboia

Answer 6

Raped girl - didn’t resist, struggle, or scream

there’s a difference between submission and consent

consent must be real and understood without threats

Question 7

R v Dica

Answer 7

knew he had aids, didn’t tell Vs who he had unprotected sex with

consent must be real and understood - informed

Question 8

R v Golding

Answer 8

D gave V herpes - same precedent as R v Dica

consent must be real and understood - informed

Question 9

when can consent be implied?

Answer 9

everyday touching/jostling

sports (acting within rules of the game) // R v Barnes

Question 10

R v Barnes

Answer 10

did a slide tackle in football

• this is within the rules of the game therefore implied consent

Question 11

what can people NOT consent too?

Answer 11

• Fistfights // A-G Ref (no6 of 1980)
• Extreme body modifications // McCarthy
• Sadomasochist activities // R v Brown although R v Wilson contradicts
• Actions in sports outside of the rules of the game // R v Barnes
• s47 OAPA (minor harm unless court recognised exception)

Question 12

A-G Ref (No6 of 1980)

Answer 12

two teens consented to fight following argument

can’t consent to fistfights

Question 13

McCarthy

Answer 13

body piercer - provided extreme body mods i.e tongue splitting - convicted of GBH

held as you can’t consent to extreme body mods

Question 14

R v Brown

Answer 14

Homosexuals – took part in sadomasochistic activities

can’t consent to sadomasochistic activities

Question 15

R v Wilson

Answer 15

Straight couple – branding, didn’t follow Brown’s precedent

sadomasochistic rule (decided on a case-by-case basis)

Question 16

rule on horseplay and consent?

Answer 16

allowed if there was a genuine belief they’d have V’s consent

• R v Jones
• R v Aitken

Question 17

R v Jones

Answer 17

broke mates spleen when throwing him in the air

Horseplay = defence if D had genuine belief that they’d have consent

Question 18

R v Aitken

Answer 18

RAF officers - set fire to V with fire resistant clothing on as a ‘joke’ led to serious burns

Horseplay = defence if D had genuine belief that they’d have consent

Question 19

rules on medical procedures and consent?

Answer 19

informed consent required from mentally capable patients

unconscious - relatives

if not possible - but surgery of utmost importance, no consent needed