consent Flashcards
what are the issues with consent
is the consent genuine
what offences can a person consent to
what does consent do to the offence
it makes it legal so there is no offence
give 2 cases where consent was accepted
R v Slingsby
R v Donovan
what must the consent be to have the defence
genuine
what factors can consent be affected by
fraud as to the identity of D or act
the ablity of v to give consent eg age
consent through fear
nondisclosure of disease
give cases for consent affected by fraud of the identity of D or the act
R v Tabassum
R v Melin
give cases for consent affected by the ablity of v to give consent
Barrell v Harmer
give cases for consent affected by consent through fear
R v Olugboja
give cases for consent affected by the non disclosure of disease
R v Dica
R v Goulding
give a case for implyed consent
R v Wilson and Pringle
what is implyed consent
in some cases eg crowds where touching is enevitable the courts will imply consent to touching which will otherwhise be battery
can a person consent to murder
no
give a case for not being able to consent to murder
Pretty v United Kingdom
R v Ministry of Justice
can a person genraly consent to any of OAPA
no
what case laid out exeptions for consenting to OAPA
A-G ref (no 6 of 1980)
what are the exeptions laid out in A-G ref (no 6 of 1980)
you could consent to harm in
-properly conducted games/sports
-dangerous exhibitions
-reasonable sergical interferance
-lawful chastisement or correction (england only)
can you concent to agressive contact sports
only public matches conduscted with protective equipment a referee and within the rules are lawful
is street fighting consentable
no
when in sport could you break the rules of consent + case
‘only where conduct is sufficiently grave to be properly categorised as criminal’
R v Barnes
what else does R v Barnes say
circumstances when sporting injuries are more likelt to be considered criminal
what are the circumstances when sporting injuries are more likelt to be considered criminal
-intentialy inflicted injuries
-injury was inflicted recklessly
-off the ball injuries
what is the lawfor body adornment
in most circumstances v will give express consent to a peirceing or tattoo which is concidered to have social utility
what act covers body adournment + a case
tattooing of minors act 1969
R v Wilson
give a case for body modification
R v B M Dr evil
what is the law over body modifications
cirtain body modifications cannot be consented to
when can you always consent to medical procedures
when surgery is needed to save life or improve health
who can consent be given by for medical procedure
the person
a relative of the person
can consent for medical procedures be refused
yes
what is the case for medical consent for under 16s
gillick
what does the law say in relation to horse play
the law reckognises that consent my be mistaken
what will happen if D holds a genuine mistaken consent
this may be enough for the defence even if D is mistaken
is chastisement of children legal
yes in england not wales
give a case for chasitsement of children
A v Uk
what act covers chastisement of children
s58 children act 2004
give some cases for horse play in consent
R v P
R v Jones
R v Aitken
is consent genraly a defence for sado-Masochism
no
give a case for sado masochism and consent
R v Brown
R v emmett
R v Wilson
