Consent ✅

Question 1

What is consent?

Answer 1

A general defence to non-fatal offences that makes an unlawful act, lawful

Question 2

What is the significance of R v Donnovan?

Answer 2

The unlawful act becomes lawful, so cannot fulfil the AR - caned a consenting 17yr old girl for sexual gratification

Question 3

What is the significance of R v Slingsby?

Answer 3

All acts were consensual - consensual sexual activity, V cut with signet ring which caused blood poisoning and she died

Question 4

What is meant by real consent?

Answer 4

Must have the mental capacity to understand the nature of the act and it’s consequences.

Question 5

What is meant buy true consent?

Answer 5

Understand the act and the person going to do it

Question 6

What is meant by informed consent?

Answer 6

Must have full and all information - if one piece of information is kept then they did not consent

Question 7

What is the significance of Burrell v Harmer?

Answer 7

Real consent - age restricts from being able to give real consent - tattooed two boys aged 12 and 13

Question 8

What is meant by Gillick competence?

Answer 8

Sufficient understanding and intelligence to understand fully what is proposed - mother wanted to make it unlawful for a doctor to prescribe contraception to a child under 16 years old without consent, daughter proved she understood all possible side effects and consequences

Question 9

What is the significance of R v Tabassam?

Answer 9

Real consent - deception - must know the quality of the act - women consented to have breast measurements taken for a study, “doctor” had no medical training or qualifications

Question 10

What is the significance of R v Richardson?

Answer 10

Dentist carried out work on people after being suspended - No deception as dentist nad correct qualifications - do allow serious harm for medical purposes

Question 11

What is the significance of R v Ologboja?

Answer 11

Cannot consent out of fear

Question 12

What is the significance of R v Dica?

Answer 12

No consent as to the risk of infection - must be informed - had consensual sex with two women knowing he was HIV+

Question 13

What is the significance of R v Clarence?

Answer 13

Wife consented to sex kept not venerial disease - married so husband could do what he wanted

Question 14

What is meant by implied consent?

Answer 14

Everyday situations where it is impossible to not have contact (normal jostling)

Question 15

What is the significance of Wilson v Pringle?

Answer 15

Because in a crowded world people must be considered to take upon themselves some risk of injury from the lawful acts of others

Question 16

What is the significance of Donnely v Jackman

Answer 16

Consent will apply as being applied

Question 17

What is stated in attorney general reference no.6 of 1980?

Answer 17

Its not in the publics best interest that people should try and cause eachother bodily harm for no good reason

Question 18

What are the exceptions that apply in the general principle of consent?

Answer 18

• Sports
• horseplay
• surgery
• personal adornment
• lawful chastisement

Question 19

What is the rule of consent within sports?

Answer 19

When you agree to play in a sport, you consent to the contact which is apart of said sport

Question 20

What factors are considered when looking at consent within sport?

Answer 20

• Was it on the ball?
• flash of anger? - not okay
• was it part of normal rules?
• what were the skills and abilities of the players?
• was it an intentional infliction? - will always be criminal

Question 21

What is the significance of R v Barnes?

Answer 21

D made a late tackle during an amateur football match, V had serious leg injury - not consent if “what occurs goes beyond what a player can reasonably be regarded as having accepted by taking part in a sport

Question 22

What’s the significance of R v Billingshurst?

Answer 22

Did not consent to that - punched by another player in an unprovoked attack

Question 23

What is the significance of R v Johnson?

Answer 23

During rugby game, player bit someone’s ear off - did not consent to that amount

Question 24

What is meant by horseplay?

Answer 24

Games that include friendly violence

Question 25

What do the courts require for a defence of consent during horseplay?

Answer 25

• Has to be a genuine belief that V would agree
• consent does not actually have to be given

Question 26

What is the significance of R v Jones and another?

Answer 26

School boys through younger boys in the air, dropped one resulting in serious injury - D thought v would consent so does have a defence

Question 27

What’s the significance of R v Attken?

Answer 27

RAF officers set fire to officers wearing fire resistant clothing, one suffered serious burns - believed consent so found not guilty

Question 28

What is meant by a personal adornment?

Answer 28

Piercings or tattoos

Question 29

What is the significance of R v Brown?

Answer 29

5 homosexual men hit genitals with stinging nettles and pierced penises with fish hooks, no medical attention was required

• convicted - not in the publics best interest to promote a colt of degradation and cruelty

Question 30

What is the significance of R v Brown?

Answer 30

5 homosexual men hit genitals with stinging nettles and pierced penises with fish hooks, no medical attention was required

• convicted - not in the publics best interest to promote a colt of degradation and cruelty

Question 31

What is the significance of R v Wilson?

Answer 31

Husband branded wife on buttocks with hot knife at her request - required medical attention for the burns

Not guilty - not in the public interest to criminalise such private consensual behaviour

Question 32

What is the significance of R v Emmett?

Answer 32

Husband and wife involved in asphyxiation during sexual activities, resulted in burns and hemmoraging in her eyes - needed medical attention

Serious harm cannot be consented to if the norm is more than transient and trivial

Question 33

Can consent be used as a defence for murder?

Answer 33

No

Question 34

What is the significance of R (on behalf of Pretty) v DPP?

Answer 34

Had motor neurone disease, wanted to control the time and manner of her death, wasn’t able to kill herself so went to the courts to ensure her husband wouldn’t be prosecuted

No corresponding right to die - DPP refused guarantee

Question 35

What is the significance of NickIson v Ministry of justice 2014?

Answer 35

D wanted to die - went on hunger strike

Until parliament legislate otherwise, the courts are bound to follow the law

Question 36

What is the significance of R v lnglis?

Answer 36

Killed child in a vegitive state via lethal injection

If anyone assists in the taking of a persons life, they would be guilty of assisting suicide

Question 37

What is the significance of R v Gilderdale?

Answer 37

Killed child in a vegitive state via lethal injection

If anyone assists in the taking of a persons life, they would be guilty of assisting suicide

Question 38

What is the significance of Airdale NHS trust v Bland?

Answer 38

Difference between being taken off life support and euthanasia - removing life support is lawful as long as it’s in the patients best interest.

Question 39

What bill was attempted to be put through parliament and was rejected in 2022?

Answer 39

Assisted dying bill - very political and controversial