Consent

Question 1

R v Slingsby

Answer 1

Common assault (assault and battery) - Consent can be used as a defence for common assault

Question 2

Pretty v UK

Answer 2

Murder - The defence can never be used in relation to murder. This would be murder/assisted suicide

Question 3

R v Leach

Answer 3

S18 OAPA 1861 - Wounding with intent/causing GBH with intent - Consent can never be used as a defence to a crime under s18

Question 4

R v Brown and others

Answer 4

S47 - Assault occasioning actual bodily harm - Consent can’t generally be used as a defence to a s47 charge. S20 - Malicious wounding/maliciously inflicting GBH - Consent cannot generally be used as a defence to a s20 charge

Question 5

R v Aitken

Answer 5

Rough horseplay - Can only work if D does not intend to cause any harm

Question 6

R v Wilson

Answer 6

Tattooing/branding - Can work if it is consensual and requested

Question 7

R v Olugboja

Answer 7

Submission is not enough to amount to consent

Question 8

Gillick v West Norfolk and Wisbech Health Authority

Answer 8

A person has capacity to consent if they are ‘Gillick competent’ - meaning V must have sufficient maturity, intelligence, and understanding of the nature and consequences of what they are consenting to

Question 9

R v Newland

Answer 9

D must not deceive in order to gain consent for V