Consent

Question 1

Valid consent

Answer 1

Any consent must be valid which means V has to have legal capacity
Under age of consent
Intoxicated
Severe mental/Learning disability

Question 2

Burrell V Harmer

Answer 2

Held: they were too young to give valid consent as they do not have legal capacity

Question 3

True consent

Answer 3

Fraud can be negative consent if the V does not know the identity of D or the nature and quality of the D’s actions cannot be known

Question 4

Tabassum

Answer 4

Held: no true consent if lied about his identity

Question 5

Exceptions

Answer 5

List of lawful activities for s.47 and s.20 that can be consented to:
Properly conducted sports/games
Tattooing and branding
Sexual activity
Horseplay
Medical procedures

Question 6

Organised/contact sports

Answer 6

Consent only valid in sports if it’s played with a ball this is called in the ball (barnes) or off the ball (Billinghurst) must be within the rules of the game, for example within the Queensbury rules

Question 7

AG ref No.6 1980

Answer 7

Held: consent was not valid as the fight was not held under the QR

Question 8

Tattooing and branding

Answer 8

The majority of law lords in Brown accepted that consent is a valid defence for tattooing

Question 9

Wilson

Answer 9

D branded his initials onto his wife’s buttock and was convicted of s.47 ABH
Held: The CA allowed the appeal and extended the meaning of tattooing to include branding

Question 10

Sexual activity falls within two categories

Answer 10

Inadvertent violence - Accidental injuries during sexual activity is allowed (slingsby)
Sado masochistic sa - The law doesn’t tolerate deliberate infliction of injury for sexual gratification, defence of consent not valid (Brown) (Emmett

Question 11

Brown

Answer 11

A group of male adults were convicted for s.47 ABH and s.20 offences
Held: HL rejected appeal as it was not in the public’s interest to cause bodily harm for no reason

Question 12

R v Lock

Answer 12

Recreated fifty shades, D charged with s.47 abh but said d consented
Held: D was acquitted at the crown court after the jury accepted this was consensual behaviour

Question 13

Horseplay

Answer 13

Consent is valid for rough and undisciplined horseplay (Jones)

Question 14

Euthanasia

Answer 14

Not an exception, cannot consent to own death (pretty)

Question 15

Dica

Answer 15

D had unprotected sex without telling them they were HIV positive. Both were infected.
Held: D was found guilty of S.20 GBH as the women were unaware about the quality of the act