Consent

Question 1

The V must know the nature and the quality of the act

Answer 1

Tabassum

Question 2

The consent cannot be got through fear

Answer 2

Olugboja

Question 3

Cannot get the consent fraudulently

Answer 3

Lineker

Question 4

Must know of the risk know to the D for the consent to be valid

Answer 4

Dica

Question 5

Implied consent

Answer 5

Pringle

Question 6

Consent to minor injuries

Answer 6

AG reference no 6 1980

Question 7

Cannot Consent to homicide

Answer 7

Pretty

Question 8

Cannot consent to be injected with drugs

Answer 8

Cato

Question 9

What are the 4 public policy exceptions

Answer 9

Horseplay, dangerous exhibitions, sports and body adornment

Question 10

What is horseplay

Answer 10

Horse play is governed by jones

Horseplay refers to situations where usually friends of a similar age participate in rough and undisciplined play,

Question 11

What is sports in consent

Answer 11

In sports there is complied consent when it is played within the rules (Barnes)

Question 12

What is body adornment

Answer 12

Body adornment is where a person adds to their body or makes changes to it, in order to enhance it from their perspective. (BM)

Question 13

When consent is genuinely thought as accepted in horseplay

Answer 13

Jones had a genuine belief the V was consenting

Question 14

Horse play against consent

Answer 14

Consent is permitted as a defence for horseplay where parties of a similar age engage in ‘friendly’ violence towards each other. This relies on an honest belief that consent has been provided. In both Jones and Aitken serious harm was caused to the victims, in the former case broken limbs and a ruptured spleen and in the latter third degree burns. Permitting the defence of consent allows a high degree of legal tolerance, which surely cannot be acceptable. Why should consent be refused for various types of sexual behaviour, which cause minor harm (Brown), but permitted for horseplay, which has resulted in serious harm? This does not appear just. Consent should not be permitted as a defence for horseplay where serious harm is caused, as recommended by the Law Commission. The law is unfit for purpose and in need of reform.

Question 15

Real consent positive

Answer 15

The law is just in not permitting a person’s consent to be law, if they did not understand the nature of the act and / or quality of it (Tabassum). If they do not know the real reason for why someone is obtaining their consent then it should not be deemed lawful when the defendant is using it as a means to fulfil their sexual cravings, for example. The law is fit for purpose and not in need of urgent reform.

Question 16

Public policy exemptions sport

Answer 16

Where someone consents to participate in a sporting event, it is right that if they injure someone they face no criminal conviction, if they were playing within the rules of the game (Barnes). It is expected that injuries will occur whilst participating in sports, therefore a person should not be criminalised when this results when they are adhering to the rules of the game. The law is fit for purpose and not in need of reform. However, this public policy does not sit well when considering the sport of boxing. Although a boxer does not set out to permanently maim or kill their opponent the objective is still to do harm, so they win