Consent Flashcards
Defence
Common Law defence
Express or implied permission from victim fir D to carry out the injury
1 The consent given must be real
Cannot be gained through fraudulent misrepresentation TABASSUM or through fear OLUGBOJA
2.V must understand what they are consenting too
BURRELL V HARMER
3.Always available as a defence to common assault
Except for touching outside if what’s normally expected in everyday life this would be considered unlawful force COLLINS V WILCOCK
- Defence is not available for ABH or GBH
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
5 Honest belief
Honest belief of consent is effective defence GLADESTONS WILLIAMS
6 Killing
Cannot consent to being killed
Euthanasia and mercy killings often are considered murder.BLAND