Consent

Question 1

What type of defence is Consent?

Answer 1

Not complete. Not defence to Murder/s18 GBH/s20 GBH

Question 2

Why is consent not a defence to murder and GBH?
Which cases confirm this?

Answer 2

Not in the public’s interest
- R v Brown
- R v Donovan
- R v Slingsby

Question 3

What is meant by Real Consent?
Which cases confirm this?

Answer 3

V cannot be deceived into consenting.
- R v Tabassum
- R v Melin

Question 4

Where is there implied consent?
- Cases?

Answer 4

Everyday jostling
- Wilson v Pringle

Sports
- R v Barnes

Question 5

Where is consent often presumed?

Answer 5

Life saving medial procedure circumstances
- R v Blaue

Question 6

How is mistaken belief in consent considered?

Answer 6

May be permitted if D genuinely mistakenly believed V consented - Non Fatal offences only.
- R v Olugbuja
- R v Aitken
- Burrell v Harmer

Question 7

Which cases confirm that consent is required regaridng disease transmission?

Answer 7

R v Dica
R v Golding