Consent Flashcards
Full or partial defence
Full.
Medical consent cases
Gillick competence - assessed if child is competent to give consent
Keira bell - under 16 can consent if understand nature - however changed her mind and now SUES NHS
Tacit consent
Collins V Willcock
Assumed/implied consent for everyday things
Is fraudulent consent okay
No
R V dica
Consent attained via fraud so not consent
Consent to what
V must consent to true nature and quality of act
R V tabassum
Can you consent to end life
No
DPP V pretty
Consent should be real
Given with capacity, age, sobriety, authorisation
Burrell V hammer - strict liability for under age consent
What non fatal offences cannot be consented too
ABH OR GBH
What offences can be consented too
Assault or battery
Case for ABH cannot be consented too
R V brown
Can consent be allowed where ABH happens a bit only battery was intended
Yes
R V slingsby
Exceptions to consent only be for assault and battery
Bodily adornment
Horseplay
Contact sports
Surgery
Bodily adornment
R V brown - not for sexual gratification
R V Wilson - can be more than battery for bodily adornment
What is bodily adornment
Piercing
Tattoo
Rough horseplay
Can be for GBH
R V jones and others - no intent
R V aitken - must genuinely believe V consented
Drunk rough horseplay
R V richard and Irwin
Drunken mistaken belief is allowed
Sports
Can be for more than battery
Rules for consent in sport
Must be in properly conduct sport
Self created is okay
if ALL PARTICIPANTS KNOW THE RULES
will consent apply to foul not in rules of the game
No consent will not be valid
R V Barnes
Consent in different sports
High testosterone sports have higher injury threshold
Consent can include before, half time and end of sport
R V billinghurt
Objective to jury - sport, degree of force , injury , state of mind
Medical
Consent can be more then battery
