Consent Flashcards
What is meant by consent needing to be real?
Courts may not accept if given under duress, if a child or if a person with a mental illness consents
Burrell v Harmer
Tattooed boys 12&13yrs did not understand nature of act
no consent
R v Tabassum?
“Consented to the nature but not the quality of the acts”
examined breasts without medical qualification
R v Paterson 2022?
Consent wasn’t real as no need for surgeries
What is meant by consent needing to be informed?
Need to make a person aware of what they are consenting to
R v Dica?
Took risk of unprotected sex with HIV, didn’t purposefully give them virus
R v Kanzani?
Just because consent to sexual intercourse doesn’t mean consent to risk of contracting HIV
Bell v Travistock and Portman NHS Foundation Trust?
Under 16 could consent to puberty blockers without parental consent (contrary to Covid vaccine)
What are some limitations to consent?
Consent normally defence to assault or battery but not ABH or GBH
Courts accept: contact games, surgery, tattooing, body piercings and lawful chastisement
R v Leach?
Planned to be crucified, consented to someone using 6 inch nails. Couldn’t consent to S.18 OAPA
R v BM?
Body modifications for no good reason by non-medical professional. Consent not accepted.
R v Gustavson & Others 2024?
Mutilated body parts on live stream. Could not consent to removal of body parts.
R v Wilson?
Consent allowed. Saw branding as tattoo.
R v Brown?
Homosexuals carrying out Sad-masochistic activities. Consent not allowed.
R v Slingsby?
Penetrated vagina and rectum with hand giving cuts that led to septicaemia then death. D’s acts were all consented to.
R v Emmett?
Consent not accepted as defence. Plastic bag over head/lighting breasts on fire
What is horseplay?
Society accepts community life involves risks of deliberate physical contact where courts shouldn’t get involved
R v Jones and others?
Boys injured into air by schoolmates.
R v Aitken and others?
Serious burns amounted to GBH that where caused during RAF initiation ceremony
What is the general rule with consent and euthanasia?
Unlawful to do positive act to assist persons suicide. Passive euthanasia is lawful.
Airedale National Health Service Trust v Bland?
Switching of life support machine an omission to act
Ms B v An NHS Trust?
Went to court for an order telling doctors to switch of ventilator, granted
Pretty v UK?
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.
R(Purdy) v DPP?
Can’t guarantee prosecution won’t occur if assist someone getting to Switzerland to carry out euthanasia
R v Barnes?
Generally not appropriate to bring criminal proceedings into sport cases unless defendant went beyond what victim consents to when playing the sports
R v Moss?
Sport was not a licence for thuggery
