consent Flashcards
what 2 things need to be asked to prove consent?
-can v consent to the crime
-did v really consent
what case shows that assault and battery can be consented to?
R v Slingsby
what case shows that murder can never be consented to?
Pretty v UK
what case shows that consent will never work for a crime under s18?
R v Leach
what is the general rule for s20? what case shows this?
-generally, consent will not work for a crime under s20
-R v Brown and others
what is one exception to this general rule?
properly conducted sports games
what is another exception to the general rule?
rough horseplay
what is the case for horseplay?
Aitken
what is a further exception to the general rule?
tattooing or branding
-R v Wilson
what is another exception to the general rule?
medical treatment
what case shows the difference between mere submission and actual consent?
R v Olugboja
what 3 things need to be considered under whether v really consented?
-capacity
-genuine consent
-implied
what case creates the test for capacity?
Gillick v West Norfolk
what is in the gillick capacity test?
v must have sufficent maturity, intelligence, and understanding of the nature and consequences of what they are consenting to
what is the case for whether the consent was genuine?
R v Newland
in what cases can there be implied consent?
-sports games
-being bumped into in a crowd
