consent Flashcards
never be a defence to murder
consent
where ‘‘someone with adequate mental capacity voluntarily gives their permission to a particular act- this can be express or implied’’
R v Donovan
no battery as individual consented.
D caned 17yr old girl for purposes of sexual gratification and caused bruising
R v Slingsby
D and V took part in consensual activity- signet ring caused small cuts which led to blood poisoning and the V died.
not guilt of manslaughter as there was held to be no unlawful act
not consent to
an activity that is intended or likely to cause s.47 ABH, 20 or 18 GBH OAPA injuries
R v Brown
Ds took part in consensual homosexual sadomasochism
couldn’t use defence as injuries amount to s.47 and s.20 offences
R v Wilson
it was decided that where D branded his wife with a hot knife and she had to seek medical attention that this was regarded as ‘‘personal’’ adornment like a tattoo
R v BM
removed ears, nipples and split tongues etc.(body modification) as a job where clients consented but was convicted of wounding with intent to do GBH
consent must be genuine
the fact that V appears to consent may not be sufficient
V cannot be deceived
R v Dica
V consented to sex but didn’t know D was HIV positive so consent wasn’t valid - she had not consented to being infected with HIV
R v Tabassum
D pretended to be medically qualified so he had the opportunity to examine women’s breasts, he claimed they’d consented.
only consented because they were misled - fraud vitiated the consent
R v Richardson
D was a suspended dentist who’s till carried on treating patients.
consent accepted in this case as he still had the qualifications just wasn’t meant to use them
R v Melin
D injected what was said to be botox into two people. after second injection bot suffered serious harm
deception of identity- capable of vitiating consent
implied consent
court imply consent to minor touchings which could otherwise be battery
>contact sports
>consent to minor injuries
>medical procedure
>mistaken belief
R v Moss
D was a rugby player and during a match punched an opposing player. convicted of s.20 OAPA
court; rugby is a contact sport,’‘not a licence for thuggery’’
R v Barnes
D inflicted serious injury during a sliding tackle.
implied consent exists where the situation is within what can reasonable be expected, as it was here
AGs reference No.6
consent to minor injuries, nothing above ABH - levels of confusion
2 young men agreed to fight in the street to settle their differences, consent couldn’t be used as a defence to such action because it was not In public interest
blaue
consent to medical procedures can be denied due to things such as religion
mistaken belief
Where D mistakenly but genuinely believes V consented there may be a defence
horseplay
rough and boisterous play which can be consented to
Aitken - deemed to be consented to
Consent gained under duress vitiates consent
R v Olugboja - D intimidated V into having sex so there was no consent
if V is afraid consent is NOT rea;
insufficient understanding
Age may affect understanding and so be a factor in determining genuine consent
Burell v Harmer
Ds, 12 and 13 yr old boys, consented to being tattooed - where V was unable to appreciate the nature of the act consent couldn’t truly be given
