consent Flashcards
whats the general principle of the law on consent
- law prohibits only unlawful force, consent generally negates guilt unless injury is gbh or above
Q: In what circumstances is consent not valid for ABH or above?
Unless one of the exceptions applies, such as surgery, sports, or tattooing.
Q: What case illustrates that consent does not negate liability if actual bodily harm is intended or caused?
A: AG’s Ref (No. 6 of 1980).
Q: How does everyday life limit the defence of consent?
A: General exceptions for minor physical contact in everyday life, such as Collins v Wilcock and Wilson v Pringle.
Q: What are the key elements of consent in law?
A: Consent must be real, informed, and not obtained through fear, deception, or misunderstanding.
Q: What case involved consent obtained through deception about medical qualifications?
A: Tabassum – Consent was invalid as the women were deceived about the nature of the act.
Q: What case ruled that consent obtained through fear is not effective?
Olugboja
What is the significance of Richardson in relation to consent?
A: It ruled that consent was valid unless the victim was deceived about the nature or quality of the act.
Q: What case ruled that consent was invalid if the victim was unaware of the defendant’s HIV infection?
A: Dica.
Q: What case ruled that consent is ineffective if the victim did not know about the accused’s biological condition (HIV)?
Konzani
Q: Can consent be implied in some situations?
A: Yes, as seen in Wilson v Pringle, implied consent can occur in the context of everyday physical contact.
Q: When can consent not be validly given?
A: When the person lacks the capacity to consent, such as in Burrell v Harmer.
Q: How does the law view consent in relation to children or mentally ill individuals?
A: Consent may not be valid if given by a child or someone mentally ill (R v Howard).
Q: Can consent be a defence in sports or physical contact?
A: Yes, if it is within the rules of the game, as seen in Billingshurst and Barnes.
Q: How does public interest affect consent in sexual activity?
A: Consent in sado-masochism may be inoperative if it is contrary to public interest, as seen in Brown.
