Consent Flashcards

1
Q

P1

A

Nanny state vs freedom of bodily autonomy

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2
Q

P2

A

Euthanasia

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3
Q

3

A

Unclear — Range of rest

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4
Q

4

A

Sport and horse play

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5
Q

What is nanny state

A

Gov interference with personal choice

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6
Q

How is there nanny state

A

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

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7
Q

Euthanisa judges stance

A

Dr cox
Euthanised terminally I’ll
Only given suspended sentence when max was life

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8
Q

Euthanasia current stance

A

Prima facie illegal
DPP V pretty cannot consent to own death
R V slingsby cannot consent to murder

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9
Q

Euthanasia economic

A

Tony bland
250,000 5 days

NHS cost

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10
Q

Euthanisa parliament and public

A

Baroness mevher bill got to House of Commons before covid

Switzerland Canada have it

Public support in media after DPP V pretty

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11
Q

However Euthanisa

A

Moral and religion
Christianity that life is gift from god

Slippery slope - used by those no intended for
Devaluation oh human life

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12
Q

Unclear tests medical

A

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

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13
Q

Range of test fraud

A

R V dica can’t be via fraud
R V tabbsum - consent to nature and quality to act without deception

  • time consuming for court
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14
Q

Test for capacity

A

Age sober authority

Burrell V hammer - strict liability - unfair in D

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15
Q

Sport and horseplay
Sport

A

Issue with R V barns and R V billinghirst

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16
Q

R V barns issue

A

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

17
Q

Billinghurst issue

A

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

18
Q

Horseplay

A

R V aitken - V does not need to consent D just needs to believe consent

R V Jones - no intend needed however

19
Q

Drunken horseplay

A

R V richard and irwin

Drunk mistaken intent is allowed

20
Q

Reforms

A

Law commission 1995 not listened too

Euthanisa bill be passed
Reform to make democracy