Consent Flashcards
What are the parts to consent?
- Consent must be real
- Consent must be informed
- Limitations
What are the cases for consent must be real?
- Burrell vs Harmer
- R vs O’Connor
- R vs Tabassum
- R vs Paterson
What is the POL from Burrell vs Harmer
No consent as boys aged 12/13 did not understand the nature of the tattoo and the pain that was involved
What is the POL from R vs O’Connor?
A mistake as to certain characteristics of the defendant, which means the victim did not know the quality of the act carried out by the defendant, will prevent the existence of genuine consent
What is the POL from R vs Tabassum?
There was consent for the nature of the acts but not the quality since they were not for medical purposes - consent wasn’t real
What is the POL from R vs Paterson?
Their consent was not real as they consented to the doctor but it wasn’t true consent as they didn’t know what they were consenting to
There was no evidence that the surgeries were needed
What are the cases for informed consent?
- R vs Dica
- R vs Konzani
- Bell vs Tavistock and Portman NHS Foundation Trust
What is the POL from R vs Dica?
The women did not know the defendant was HIV positive and the defendant knew he was meaning he was concealing the risk from them meaning the consent wasn’t informed
What is the POL from R vs Konzani?
For a valid consent there has to be an informed consent to the specific risk of contracting HIV. Consent may be implied for certain minor risks but not a fatal disease
What is the POL from Bell vs Travistock and Portman NHS Foundation Trust?
Under 16’s could consent to puberty blockers if they understood the immediate and long term consequences
Under 13’s would be highly unlikely to understand and it was for the doctors to judge the consent, however could still give consent with parental permission
What are the limitations to consent?
- Cannot consent to any harm ABH or above
- Sexual Activity
- Horseplay
- Euthanasia
- Sport
What are the cases for not being able to consent to ABH or above?
- R vs Leach
- R vs BM
What is the POL from R vs Leach?
The defendants couldn’t rely on the victim’s consent to be nailed on a cross and crucified
What is the POL from R vs BM?
The procedures were carried out by a non-medically qualified person and for ‘no good reason’ so consent couldn’t be relied on
What are the cases for Sexual Activity?
- R vs Wilson
- R vs Brown
- R vs Slingsby
- R vs Emmett
What is the POL from R vs Wilson?
Both parties considered the branding to be a tattoo and not for sexual gratification so consent was allowed
What is the POL from R vs Brown?
The injuries were conflicted for sexual gratification and consent wasn’t allowed
What is the POL from R vs Slingsby?
As the actions were deemed to be “normal sexual activity” and they were all fully consented to by the victim consent was allowed
What is the POL from R vs Emmett?
Consent was not available for a conviction of extreme
sado-niasochistic sex involving suffocation, ruptured blood vessels and bruising
What are the cases for Horseplay?
- R vs Jones and Others
- R vs Aitken and Others
What is the POL from R vs Jones and Others?
Boys were injured having been tossed into the air by schoolmates but it was deemed as horseplay and the defence was allowed to
Boys were injured having been tossed into the air by schoolmates but it was deemed as horseplay and the defence was allowed
What is the POL from R vs Aitken and Others?
Serious burns, causing GBH to a new RAF officer was deemed to be horseplay during a bizarre initiation ceremony so consent was allowed
What are the cases for Euthanasia?
- Airedale National Health Service Trust vs Bland
- Ms B vs An NHS Trust
- Pretty vs UK
- R (Purdy) vs DPP
What is the POL from Airedale National Health Service Trust vs Bland?
A hospital could legally terminate the life support machine keeping Tony Bland alive - only constituted an omission to act
What is the POL from Ms B vs An NHS Trust?
She went to court for an order to respect her wishes and switch off the ventilator, she won and died shortly afterwards
What is the POL from Pretty vs UK?
Diane Pretty couldnt commit suicide by herself due to her motor neurone disease, her husband would have to assist her.
However, DPP refused to not prosecute her husband if he did assist her
What is the POL from R (Purdy) vs DPP?
DPP stated they could not guarantee that prosecution would or would not occur
What are the cases for Consent in Sport?
- R vs Barnes
- R vs Moss
What is the POL from R vs Barnes?
It is unreasonable to bring criminal cases in sporting circumstances unless the conduct is well beyond the rules of the game
The victim is held to have consented to the action by playing the sport
What is the POL from R vs Moss?
Court of Appeal stated that ‘sport was not a license for thuggery’ so consent was not allowed
