Consent

Question 1

What is consent ?

Answer 1

when a V willingly agrees to suffer an injury by the D

Question 2

what must consent be w cases ?

Answer 2

real (not bc fear) (Olugboja)
informed (🧠 what consent to) (Dica)
not by fraud (Tabassum)

Question 4

What 2 ways can consent be given?

Answer 4

expressly
implied

Question 5

What must the person consenting be ?

Answer 5

of sound mind (Re F)
not a child (Burrell V Harmer)
however if Gillick competent can give consent

Question 6

What isn’t consent a defence to (case) ?

Answer 6

murder, manslaughter & assisted suicide (Pretty V UK)

Question 7

What offences are available for consent & case ?

Answer 7

assault and battery
can’t consent to more than a battery (Brown)

Question 8

What are the special exceptions for consenting over a battery & case ?

Answer 8

sports (Barnes)
horseplay (Jones)
medical treatment
everyday jostling of life (Wilson V Pringle )
piercings/tattoo (Tattooing Minors Act 1969)

Question 9

What did Jones say about horseplay ?

Answer 9

V consent could provide defence as long as no intent to cause injury

Question 10

What did R V Aitken say about horseplay ?

Answer 10

V can consent to risk of accidental injury during horseplay

Question 11

What does Barnes say about sports ?

Answer 11

‘prosecution only reserved for when conduct suffic. grave to b characterised as criminal’

Question 12

What is the main question of sports being an exception ?

Answer 12

‘off the ball’ incident- likely criminal
within ‘rules of game’- not criminal

Question 13

How is medical treatment an exception ?

Answer 13

can b consented express by a parent/guardian on behalf of 🧒 or implied in emergencies

Question 14

How can tattoos & piercings not be an exception under Tattooing of Minors Act 1969 & what case shows it an exception ?

Answer 14

consented to unless under 18
Wilson- branding of wife ✅ = adornment

Question 15

What happens if D can prove V consented ?

Answer 15

not guilty of offence