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)