Consent Flashcards
What are the key stages to consider in consent as a legal defence
- Consent must be valid (no minors, no fear or deception).
2.Consent must be informed (victim must know the full risks, e.g., R v Dica).
3.public policy exceptions
4.Mistaken Belief -r v aitken
- Intoxication: Consent cannot be used as a defence if the defendant is voluntarily intoxicated
What is consent as a legal defence?
Consent is a legal defence where the defendant (D) claims that the victim (V) agreed to the act, making it lawful. It generally applies to minor offences like assault or battery.
What did Collins v Wilcocks (1984) say about implied consent?
Implied consent exists in everyday situations, such as being in a crowded place or shaking hands, as long as no more force is used than necessary.
What makes consent invalid in the case of minors? Case
In Burrell v Harmer (1967), consent was invalid when children (aged 13 and 12) agreed to have tattoos, as they did not understand the nature of what they were consenting to.
Can consent be obtained through fear?+case
No, consent obtained through fear is invalid, as seen in R v Olugboja (1982).
Is consent valid if obtained through lies or deception?+ case
No, consent obtained through lies or deception is invalid, as seen in R v Tabassum (2000)..
What did R v Dica (2004) say about informed consent?
Consent must be informed. In R v Dica, women consented to intercourse but did not consent to the risk of HIV transmission, making their consent invalid.
What are the public policy exceptions to consent? Hint (5)
sports
surgery
body adornment,
horseplay,
and sexual pleasure
Can consent be given in sports?+cases
Yes, proper sports activities allow consent to risks of injury, but the actions must be within the rules of the game
. R v Barnes, unsuccessful not in the rules
. R v Billinghurst successful. Within the rules
Can consent be given for surgery?
Yes, consent is valid for surgery and can be withdrawn at any time. In emergencies, it is implied.
Can consent be given for body adornment such as tattoos or piercings?
Yes, consent is valid for body adornment, even if injury is caused during the process.
What did R v Jones (1986) say about consent in horseplay?
Consent can be given for rough and undisciplined horseplay if the defendant genuinely believes consent was given.
What did Lord mustill say about horseplay
as a matter of policy, the
courts have decided that criminal law does not concern itself with these activities,provided that they don’t go too far.
. Can consent be given for sexual pleasure?+ case,
. Yes, as long as the consent is informed, such as in R v Slingsby
What case about sexual pleasure . didn’t allow consent to be used and why
In R v Brown(homosexual couple), consent was not allowed for sadomasochistic activities because the harm was deemed too serious and against public policy.
What did R v Aitken (1992) say about mistaken belief in consent?
If the defendant genuinely but mistakenly believes that the victim consented, the law will protect the defendant.
Can consent be used as a defence if the defendant is intoxicated?
No, consent cannot be used if the defendant is voluntarily intoxicated.
