Consent Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are the exceptions of consenting to ABH or greater harm?

A
  • properly conducted games and sports
  • reasonable surgical interference
  • tattooing
  • body piercing
  • horseplay
  • dangerous exhibitions
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2
Q

A-G’s Ref No. 6

A

2 D’s tried to settle their dispute in a street fight and then sought to rely on the defence of consent which was not available

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3
Q

A consensual killing such as euthanasia is murder

A

Pretty (2002)

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4
Q

Duelling, where the victim consents to running the risk of being killed is illegal and the dueller who inflicts the fatal wound is guilty of murder

A

Rice (1803)

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5
Q

Removal of treatment

A

NHS Trust v Bland (1993)

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6
Q

A person can consent to common assault

A

Lord Templeman in Brown (1993)

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7
Q

Emmett (1999)

A

CoA would not allow consent to injuries for sexual gratification

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8
Q

Barnes (2009)

A

Court will look at type of sport, the level being played, nature of the act, degree of force used, extent of risk of injury and the state of mind of the defendant

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9
Q

Wilson (1996)

A

Branding should be treated the same as tattooing so consent is allowed.

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10
Q

Jones (1986)

A

Genuine mistaken belief in consent to rough and unscripted horseplay can be a defence

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11
Q

True consent

A

True consent is where the victim understands the nature and quality of the activity they are agreeing to

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12
Q

Richardson (1999)

A

Registered dentist suspended - true consent

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13
Q

Tabassum (2000)

A

Fake doctor - no true consent

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14
Q

Olugboja (1982)

A

Difference between real consent and mere submission - no true consent

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15
Q

Informed consent

A

Victim makes a decision fully aware of all the risks involved and with the capacity to do so

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16
Q

Clarence (1888)

A

Infected wife with STI - Informed consent

17
Q

Dica (2004)

A

Overruled Clarence - no informed consent when infection women with HIV

18
Q

Konzani

A

“Would V have continued with the activity if aware of the risks?”

19
Q

Slingsby

A

Death was not the result of the criminal act as D lacked the mens rea for unlawful act manslaughter so the issue of consent was irrelevant

20
Q

Burrell v Harmer

A

Giving tattoos to young boys is not informed consent as they don’t recognise the consequence of having a tattoo

21
Q

Implied consent

A

Where the victim is assumed to consent

22
Q

Collins v Wilcock

A

No implied consent to restraint which was not part of a lawful arrest

23
Q

R v Barnes

A

Participation in sport gives rise to implied consent

24
Q

Mistaken belief in consent

A

An ‘honest mistake’ about whether or not V is consenting, will still provide a defence
Jones 1996

25
Q

Atkin

A

D’s honestly believed that C would’ve given consent so consent allowed and convictions quashed

26
Q

Richardson and Irwin

A

Drunken students believed friend was giving consent to be pushed off a balcony so did