Consent

Question 1

What can consent be raised as?

Answer 1

A full defence to NFO’S.

Question 2

Who proves beyond reasonable doubt?

Answer 2

Prosecution

Question 3

What does the prosecution prove?

Answer 3

Beyond reasonable doubt the disapproval of the validity of the defence.

Question 4

2 tier test for consent:

Answer 4

Consent must be valid.
Person concerning must have capacity to consent.

Question 5

Degree of harm

Answer 5

Victim cannot consent to own death or to injury ABH or above unless in public interest.

Question 6

Leach

Answer 6

No social benefit from activity.

Question 7

Barnes

Answer 7

Unnecessary for criminal law to get involved as consent falls within rules of game.

Question 8

First exception

Answer 8

Sport

Question 9

Boxing rules

Answer 9

Boxing is lawful but fist fights are unlawful.

Question 10

Second exception

Answer 10

Rough and undisciplined horseplay.

Question 11

Jones

Answer 11

No intention to cause injury.

Question 12

What does the children’s act 2004 say about lawful chastisement?

Answer 12

If chastisement causes bruising or cut it is illegal.

Question 13

Third exception

Answer 13

Sexual acts

Question 14

Brown

Answer 14

Such activities were not conducive to the welfare of society.

Question 15

Wilson

Answer 15

Not in public interest to criminalise this sort of behaviour.

Question 16

Emmett

Answer 16

Degree of harm enough to make it proper cause for criminal law to intervene.

Question 17

Slingsby

Answer 17

Lacked the relevant Mr and acts undertaken with consent of V.

Question 18

Statutory rape

Answer 18

Sexual relations with a minor any consent is invalid

Question 19

Statutory rape

Answer 19

Sexual relations with a minor any consent is invalid

Question 20

Surgery

Answer 20

As surgery is carried out for his or her benefit consent is informed.

Question 21

What is unlawful for surgery?

Answer 21

Female circumcision

Question 22

What is unlawful for surgery?

Answer 22

Female circumcision

Question 23

Tattooing and piercings

Answer 23

Adults are able to consent to tattoos and piercings.

Question 24

What should tattooists and piercings be registered under?

Answer 24

Local government act

Question 25

BM

Answer 25

Medical procedures not allowed by tattooists

Question 26

Who might not have capacity to consent?

Answer 26

Children

Question 27

Gillick

Answer 27

Parents give consent on behalf of children until Gillick competent

Question 28

What might make consent invalid?

Answer 28

Fraud
Fear
Lack of knowledge

Question 29

Tabassum

Answer 29

fraud destroyed consent

Question 30

Dica

Answer 30

D had not consented to risk of HIV so amounted to GBH.

Question 31

Jones

Answer 31

Mistaken consent is still consent.

Question 32

Irwin

Answer 32

Mistaken belief by D of V’s consent enables defence.