Consent

Question 1

What is meant by consent needing to be real?

Answer 1

Courts may not accept if given under duress, if a child or if a person with a mental illness consents

Question 2

Burrell v Harmer

Answer 2

Tattooed boys 12&13yrs did not understand nature of act

no consent

Question 3

R v Tabassum?

Answer 3

“Consented to the nature but no the quality of the acts”

examined breasts without medical qualification

Question 4

R v Paterson 2022?

Answer 4

Consent wasn’t real as no need for surgeries

Question 5

What is meant by consent needing to be informed?

Answer 5

Need to make a person aware of what they are consenting to

Question 6

R v Dica?

Answer 6

Took risk of unprotected sex with HIV, didn’t purposefully give them virus

Question 7

R v Kanzani?

Answer 7

Just because consent to sexual intercourse doesn’t mean consent to risk of contracting HIV

Question 8

Bell v Travistock and Portman NHS Foundation Trust?

Answer 8

Under 16 could consent to puberty blockers without parental consent (contrary to Covid vaccine)

Question 9

What are some limitations to consent?

Answer 9

Consent normally defence to assault or battery but not ABH or GBH
Courts accept: contact games, surgery, tattooing, body piercings and lawful chastisement

Question 10

R v Leach?

Answer 10

Planned to be crucified, consented to someone using 6 inch nails. Couldn’t consent to S.18 OAPA

Question 11

R v BM?

Answer 11

Body modifications for no good reason by non-medical professional. Consent not accepted.

Question 12

R v Gustavson & Others 2024?

Answer 12

Mutilated body parts on live stream. Could not consent to removal of body parts.

Question 13

R v Wilson?

Answer 13

Consent allowed. Saw branding as tattoo.

Question 14

R v Brown?

Answer 14

Homosexuals carrying out Sad-masochistic activities. Consent not allowed.

Question 15

R v Slingsby?

Answer 15

Penetrated vagina and rectum with hand giving cuts that led to septicaemia then death. D’s acts were all consented to.

Question 16

R v Emmett?

Answer 16

Consent not accepted as defence. Plastic bag over head/lighting breasts on fire

Question 17

What is horseplay?

Answer 17

Society accepts community life involves risks of deliberate physical contact where courts shouldn’t get involved

Question 18

R v Jones and others?

Answer 18

Boys injured into air by schoolmates.

Question 19

R v Aitken and others?

Answer 19

Serious burns amounted to GBH that where caused during RAF initiation ceremony

Question 20

What is the general rule with consent and euthanasia?

Answer 20

Unlawful to do positive act to assist persons suicide. Passive euthanasia is lawful.

Question 21

Airedale National Health Service Trust v Bland?

Answer 21

Switching of life support machine an omission to act

Question 22

Ms B v An NHS Trust?

Answer 22

Went to court for an order telling doctors to switch of ventilator, granted

Question 23

Pretty v UK?

Answer 23

Physically incapable of killing herself, wanted husband to assist her but wanted assurance he wouldn’t be prosecuted. UK courts and EU courts did not allow this request.

Question 24

R(Purdy) v DPP?

Answer 24

Can’t guarantee prosecution won’t occur if assist someone getting to Switzerland to carry out euthanasia

Question 25

R v Barnes?

Answer 25

Generally not appropriate to bring criminal proceedings into sport cases unless defendant went beyond what victim consents to when playing the sports

Question 26

R v Moss?

Answer 26

Sport was not a licence for thuggery