Consent Flashcards

1
Q

Definition

A

Where a person gives permission to suffer harm or takes the risk voluntarily and therefore cannot complain of the injury that occurs

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2
Q

(Dica)

A

There just be real consent, meaning that they must consent to the nature of the act and it’s true quality

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3
Q

(Olugboja)

A

Mere submission when in fear is not real consent.

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4
Q

(Brown)

A

Consent cannot be given to harm beyond assault or battery

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5
Q

(AGs Ref 6)

A

As it is not in the public interest

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6
Q

Exceptions for the injury being more than common assault

A

Surgery- V suffers a wound which he consents to

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7
Q

(Brown)

A

Social purpose

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8
Q

Horseplay: 3

A

D must have an honest belief V consents to rough play (Jones)
Mistaken belief (Aitken)
Drunken mistaken belief (Richardson and Irwin)

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9
Q

(Brown) and (Wilson)

A

Body adornment.
Tattoo
Branding

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10
Q

Contact sports 2

A

(Brown)
(Billinghurst)- failed as contact outside of scope of game

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