Consent

Question 1

Consent intro

Answer 1

When the victim allowed the defendant to carry out the crime

Question 2

Factor 1

Answer 2

There must be real consent

Question 3

There must be real consent

Answer 3

The person must understand what they’re consenting to.

Question 4

Children and people with learning difficulties giving consent

Answer 4

A child or person with learning difficulties may give consent, but this does not mean the consent was real as they might not know what they’re consenting to (Burrell v Harmer)

Question 5

Factor 2

Answer 5

Consent must be obtained without fraud

Question 6

Consent must be obtained without fraud

Answer 6

Consent cannot be given if the defendant is deceived about the:
- Defendants identity (R v Elbekkay)
OR
- ‘Nature and quality’ of the defendants actions (R v Tabassum)

Question 7

Factor 3

Answer 7

Force applied must be for socially acceptable reasons

Question 8

Force applied might be for socially acceptable reasons

Answer 8

The defence is a balance between allowing for for socially acceptable reasons against the need for public protection.

Question 9

Implied consent

Answer 9

“Jostlings of everyday life are not battery” (Wilson v Pringle)

Question 10

Implied consent

Answer 10

Breach of the rules in sport must be a serious one (R v Barnes)

Question 11

Consent to medical procedures

Answer 11

Consent can be refused (R v Blaue)