Consent Flashcards

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1
Q

Defence

A

Common Law defence
Express or implied permission from victim fir D to carry out the injury

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2
Q

1 The consent given must be real

A

Cannot be gained through fraudulent misrepresentation TABASSUM or through fear OLUGBOJA

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3
Q

2.V must understand what they are consenting too

A

BURRELL V HARMER

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4
Q

3.Always available as a defence to common assault

A

Except for touching outside if what’s normally expected in everyday life this would be considered unlawful force COLLINS V WILCOCK

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5
Q
  1. Defence is not available for ABH or GBH
A

With intent as criminal law aim is to discourage violent behaviour to protect society AG REf 1980
Exceptions
Sports games unless it’s outside of the rules BARNES
tattooing medical /Surgical procedures WILSON
and horseplay JONES
4a
Defence if consent is influenced by society BROWN

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6
Q

5 Honest belief

A

Honest belief of consent is effective defence GLADESTONS WILLIAMS

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7
Q

6 Killing

A

Cannot consent to being killed
Euthanasia and mercy killings often are considered murder.BLAND

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