Consent

Question 1

context of consent

Answer 1

defence to all crimes but murder
where accepted it is a complete defence
do not have a law on assisted suicide (Nicklinson v UK)

Question 2

stage 1 consent i

Answer 2

the consent must be valid and genuine
must be able to comprehend the nature of the act
-children legal requirements 18 and 16 for things so cannot comprehend under those ages however Gillick test is age maturity and understanding of risks can create consent (R v Burret +Harmer)
-disability mental capacity act 2005
-mental health act

Question 3

stage 1 consent ii

Answer 3

consent must not be vitiated by fraud
must know
Identity of the person and the nature and quality of the act
(R v Dica)=consent to whole situation
(R v tabbasam)=would not have consented if had known quality of the act
(R v Richardson)=no fraud if know nature and quality

Question 4

stage 2 consent

Answer 4

general rule is that you cannot consent to harm
(R v Brown)
(Collins v Wilcock) “most bodily contacts are impliedly consented to by all who move through society”
(R v Leach) cannot consent to crucifixtion

Question 5

stage 3 exceptions

Answer 5

-medical
-cosmetic enhancement(Collins v Wilcock)
-activities in a relationship
-horseplay(R v Aitken)(R v jones)
-sport
a. off the ball=no consent (R v Billinghurst)
b. must be serious enough to give rise to criminal liability (R v Barnes)
c. consider 3 factors
1.heat of the moment
2.level of the sport
3.does the sport have its own disciplinary actions
(R v Kerr)