Consent ✅ Flashcards
What is consent?
A general defence to non-fatal offences that makes an unlawful act, lawful
What is the significance of R v Donnovan?
The unlawful act becomes lawful, so cannot fulfil the AR - caned a consenting 17yr old girl for sexual gratification
What is the significance of R v Slingsby?
All acts were consensual - consensual sexual activity, V cut with signet ring which caused blood poisoning and she died
What is meant by real consent?
Must have the mental capacity to understand the nature of the act and it’s consequences.
What is meant buy true consent?
Understand the act and the person going to do it
What is meant by informed consent?
Must have full and all information - if one piece of information is kept then they did not consent
What is the significance of Burrell v Harmer?
Real consent - age restricts from being able to give real consent - tattooed two boys aged 12 and 13
What is meant by Gillick competence?
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
What is the significance of R v Tabassam?
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
What is the significance of R v Richardson?
Dentist carried out work on people after being suspended - No deception as dentist nad correct qualifications - do allow serious harm for medical purposes
What is the significance of R v Ologboja?
Cannot consent out of fear
What is the significance of R v Dica?
No consent as to the risk of infection - must be informed - had consensual sex with two women knowing he was HIV+
What is the significance of R v Clarence?
Wife consented to sex kept not venerial disease - married so husband could do what he wanted
What is meant by implied consent?
Everyday situations where it is impossible to not have contact (normal jostling)
What is the significance of Wilson v Pringle?
Because in a crowded world people must be considered to take upon themselves some risk of injury from the lawful acts of others
What is the significance of Donnely v Jackman
Consent will apply as being applied
What is stated in attorney general reference no.6 of 1980?
Its not in the publics best interest that people should try and cause eachother bodily harm for no good reason
What are the exceptions that apply in the general principle of consent?
- Sports
- horseplay
- surgery
- personal adornment
- lawful chastisement
What is the rule of consent within sports?
When you agree to play in a sport, you consent to the contact which is apart of said sport
What factors are considered when looking at consent within sport?
- 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
What is the significance of R v Barnes?
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
What’s the significance of R v Billingshurst?
Did not consent to that - punched by another player in an unprovoked attack
What is the significance of R v Johnson?
During rugby game, player bit someone’s ear off - did not consent to that amount
What is meant by horseplay?
Games that include friendly violence
What do the courts require for a defence of consent during horseplay?
- Has to be a genuine belief that V would agree
- consent does not actually have to be given
What is the significance of R v Jones and another?
School boys through younger boys in the air, dropped one resulting in serious injury - D thought v would consent so does have a defence
What’s the significance of R v Attken?
RAF officers set fire to officers wearing fire resistant clothing, one suffered serious burns - believed consent so found not guilty
What is meant by a personal adornment?
Piercings or tattoos
What is the significance of R v Brown?
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
What is the significance of R v Brown?
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
What is the significance of R v Wilson?
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
What is the significance of R v Emmett?
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
Can consent be used as a defence for murder?
No
What is the significance of R (on behalf of Pretty) v DPP?
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
What is the significance of NickIson v Ministry of justice 2014?
D wanted to die - went on hunger strike
Until parliament legislate otherwise, the courts are bound to follow the law
What is the significance of R v lnglis?
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
What is the significance of R v Gilderdale?
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
What is the significance of Airdale NHS trust v Bland?
Difference between being taken off life support and euthanasia - removing life support is lawful as long as it’s in the patients best interest.
What bill was attempted to be put through parliament and was rejected in 2022?
Assisted dying bill - very political and controversial
