Consent Flashcards
P1
Nanny state vs freedom of bodily autonomy
P2
Euthanasia
3
Unclear — Range of rest
4
Sport and horse play
What is nanny state
Gov interference with personal choice
How is there nanny state
R V BM - socially acceptable only for extreme body modification
Who’s socially acceptable? Judges composition
R V brown - homophobic and cannot consent to s*xaul gratification if gay but can in R b Wilson husband to wife
Euthanisa judges stance
Dr cox
Euthanised terminally I’ll
Only given suspended sentence when max was life
Euthanasia current stance
Prima facie illegal
DPP V pretty cannot consent to own death
R V slingsby cannot consent to murder
Euthanasia economic
Tony bland
250,000 5 days
NHS cost
Euthanisa parliament and public
Baroness mevher bill got to House of Commons before covid
Switzerland Canada have it
Public support in media after DPP V pretty
However Euthanisa
Moral and religion
Christianity that life is gift from god
Slippery slope - used by those no intended for
Devaluation oh human life
Unclear tests medical
Gillock competence - asses child’s competence to give consent
Yet Keira bell is now during nhs due to be able to consent at 16 to gender transform
Range of test fraud
R V dica can’t be via fraud
R V tabbsum - consent to nature and quality to act without deception
- time consuming for court
Test for capacity
Age sober authority
Burrell V hammer - strict liability - unfair in D
Sport and horseplay
Sport
Issue with R V barns and R V billinghirst
R V barns issue
Injury caused by foul not in rules of fame is not consented tooo
Doesn’t balance need of individual as foil can be commited reckless
Billinghurst issue
Hard to draw line
High test= high injury And can happen on half time or end of game
Unclear when consent will and will not apply
Horseplay
R V aitken - V does not need to consent D just needs to believe consent
R V Jones - no intend needed however
Drunken horseplay
R V richard and irwin
Drunk mistaken intent is allowed
Reforms
Law commission 1995 not listened too
Euthanisa bill be passed
Reform to make democracy