consent Flashcards
2 things must be asked to prove consent
- can v consent
- did v really consent
R V Slingsby
no injury had been anticipated so no unlawful act- not guilty
Pretty V UK
consent can NEVER be used as a defence for murder
R V Leach
consent can NEVER be used as a defence to a crime under S18
R V Brown and others
consent cannot generally be used as a defence to a S47 charge
exceptions to general rule in S47 and S20
- properly conducted games and sports
- rough horseplay
- tattooing/ branding
- medical treatment
properly conducted games and sports
causing intentional injury or going beyond the rules or spirit of the game may not have true consent
rough horseplay
can only work if D doesnt intend to cause any harm. if D was intending harm this is not horseplay
rough horseplay case
Aitken
tattooing/ branding case
R V Wilson
medical treatment
surgery and valid situations to commit a crime like wounding, provided V has given true consent to the medical activity and knows the risks involved
R V Olugboja
submission is not the same as consent
absence of no vs presence of yes
3 things to consider if V actually consented
- cant of been tricked into consenting
- have they got the capacity to consent
- consent can be implied
must have the capacity to consent
don’t have the capacity to consent:
- unconscious people
- children
- intoxicated people
- people with mental issues
Gillick V West Norfolk and Wisbech Health Authority
as long as V has sufficient maturity, intelligence and understanding of the nature and consequences of what they are consenting to
R V Newland
consent isn’t genuine, real or true if gained through lies and deception
what is implied consent
consent is assumed in certain situations
egs of implied consent
- public transport
- sports
- party
- crowds
- everyday jostling’s- Wilson v Pringle
