Consent Flashcards
1
Q
What is the general rule?
A
Cannot claim consent for s47 and above
2
Q
What are the lawful exceptions?
A
Attorneys general reference 6, reasonable surgical interference/ properly conducted sports
3
Q
What is the rule with sports?
A
Have to be within rules of game for it not to be criminal and intention to inflict injury is criminal (barnes)
4
Q
What is the rule medical procedures?
A
Doctor must gain consent from patient or someone close to them
5
Q
What is the rule with mistaken belief?
A
A genuine mistake in someone’s consent in horseplay can be a defence even if it’s unreasonable (aitken)
6
Q
What is the rule with real consent?
A
Has to be without fear or deception and of age (dica)
