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law paper 1 section b > consent > Flashcards

consent Flashcards

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1
Q

what are the issues with consent

A

is the consent genuine
what offences can a person consent to

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2
Q

what does consent do to the offence

A

it makes it legal so there is no offence

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3
Q

give 2 cases where consent was accepted

A

R v Slingsby
R v Donovan

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4
Q

what must the consent be to have the defence

A

genuine

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5
Q

what factors can consent be affected by

A

fraud as to the identity of D or act
the ablity of v to give consent eg age
consent through fear
nondisclosure of disease

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6
Q

give cases for consent affected by fraud of the identity of D or the act

A

R v Tabassum
R v Melin

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7
Q

give cases for consent affected by the ablity of v to give consent

A

Barrell v Harmer

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8
Q

give cases for consent affected by consent through fear

A

R v Olugboja

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9
Q

give cases for consent affected by the non disclosure of disease

A

R v Dica
R v Goulding

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10
Q

give a case for implyed consent

A

R v Wilson and Pringle

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11
Q

what is implyed consent

A

in some cases eg crowds where touching is enevitable the courts will imply consent to touching which will otherwhise be battery

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12
Q

can a person consent to murder

A

no

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13
Q

give a case for not being able to consent to murder

A

Pretty v United Kingdom
R v Ministry of Justice

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14
Q

can a person genraly consent to any of OAPA

A

no

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15
Q

what case laid out exeptions for consenting to OAPA

A

A-G ref (no 6 of 1980)

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16
Q

what are the exeptions laid out in A-G ref (no 6 of 1980)

A

you could consent to harm in
-properly conducted games/sports
-dangerous exhibitions
-reasonable sergical interferance
-lawful chastisement or correction (england only)

17
Q

can you concent to agressive contact sports

A

only public matches conduscted with protective equipment a referee and within the rules are lawful

18
Q

is street fighting consentable

A

no

19
Q

when in sport could you break the rules of consent + case

A

‘only where conduct is sufficiently grave to be properly categorised as criminal’
R v Barnes

20
Q

what else does R v Barnes say

A

circumstances when sporting injuries are more likelt to be considered criminal

21
Q

what are the circumstances when sporting injuries are more likelt to be considered criminal

A

-intentialy inflicted injuries
-injury was inflicted recklessly
-off the ball injuries

22
Q

what is the lawfor body adornment

A

in most circumstances v will give express consent to a peirceing or tattoo which is concidered to have social utility

23
Q

what act covers body adournment + a case

A

tattooing of minors act 1969
R v Wilson

24
Q

give a case for body modification

A

R v B M Dr evil

25
Q

what is the law over body modifications

A

cirtain body modifications cannot be consented to

26
Q

when can you always consent to medical procedures

A

when surgery is needed to save life or improve health

27
Q

who can consent be given by for medical procedure

A

the person
a relative of the person

28
Q

can consent for medical procedures be refused

A

yes

29
Q

what is the case for medical consent for under 16s

A

gillick

30
Q

what does the law say in relation to horse play

A

the law reckognises that consent my be mistaken

31
Q

what will happen if D holds a genuine of consent

A

this may be enough for the defence even if D is mistaken

32
Q

is chastisement of children

A

yes in england not wales

33
Q

give a case for chasitsement of children

A

A v Uk

34
Q

what act covers chastisement of children

A

s58 children act 2004

35
Q

give some cases for horse play in consent

A

R v P
R v Jones
R v Aitken

36
Q

is consent genraly a defence for sado-Masochism

A

no

37
Q

give a case for sado masochism and consent

A

R v Brown
R v emmett
R v Wilson

law paper 1 section b (19 decks)

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