Consent Flashcards
Real consent + case
Consent must be real, understood without fraud threats or misdirection
R V Tabussum - no real consent as they believed they were consenting for medical purposes
Implied consent + case
Touchings eg crowded places
R V Barnes- Ds conviction was quashed as sorts convictions should only occur when the conduct is extremely grave
Consent to Minor injuries + cases
Not a defence unless a recognised exception by the courts
R V Brown - can’t consent to pain for sexual gratification
R V Wilson- V could consent to s47 injuries as the branding was aligned with tattooing
Mistaken belief in consent
Where D mistakenly believes they had consent form V for a joke
R V Jones- conviction quashed, consent to horseplay is a defence even if there no actual consent
Sports
R V Barnes
Intention infliction of injury = crime
Medical
If unconcious family but if essential nkt needed