Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal > Consent > Flashcards

Consent Flashcards

1
Q

Full or partial defence

A

Full.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Medical consent cases

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Tacit consent

A

Collins V Willcock

Assumed/implied consent for everyday things

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Is fraudulent consent okay

A

No
R V dica
Consent attained via fraud so not consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Consent to what

A

V must consent to true nature and quality of act
R V tabassum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Can you consent to end life

A

No
DPP V pretty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Consent should be real

A

Given with capacity, age, sobriety, authorisation

Burrell V hammer - strict liability for under age consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What non fatal offences cannot be consented too

A

ABH OR GBH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What offences can be consented too

A

Assault or battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Case for ABH cannot be consented too

A

R V brown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Can consent be allowed where ABH happens a bit only battery was intended

A

Yes
R V slingsby

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Exceptions to consent only be for assault and battery

A

Bodily adornment
Horseplay
Contact sports
Surgery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Bodily adornment

A

R V brown - not for sexual gratification
R V Wilson - can be more than battery for bodily adornment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is bodily adornment

A

Piercing
Tattoo

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Rough horseplay

A

Can be for GBH
R V jones and others - no intent
R V aitken - must genuinely believe V consented

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Drunk rough horseplay

A

R V richard and Irwin
Drunken mistaken belief is allowed

17
Q

Sports

A

Can be for more than battery

18
Q

Rules for consent in sport

A

Must be in properly conduct sport
Self created is okay
if ALL PARTICIPANTS KNOW THE RULES

19
Q

will consent apply to foul not in rules of the game

A

No consent will not be valid
R V Barnes

20
Q

Consent in different sports

A

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

21
Q

Medical

A

Consent can be more then battery

Criminal (19 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions