Consent Flashcards
What is the general rule regarding consent in non-fatal offences against the person?
Generally, a person cannot consent to being harmed, with some exceptions.
Name an exception where consent is recognized in violent situations.
Examples include properly conducted games and sports, lawful chastisement, and reasonable surgical interference.
What does ‘Gillick competence’ refer to in legal terms?
Gillick competence refers to a child’s ability to understand the nature of the act to which they are consenting.
In the case of R v Olugboja, what was established about consent and submission?
The court distinguished between consent and submission, indicating that mere submission does not imply consent.
What are the two main requirements for consent to be considered genuine?
- The person must comprehend the nature of the act. 2. Consent must not be vitiated by fraud.
Why was the consent in Burrell v Hammer deemed ineffective?
The court held that the boys, aged 12 and 13, could not comprehend the nature of getting a tattoo.
What does it mean for consent to be ‘vitiated by fraud’?
Consent is vitiated by fraud when it relates to either the identity of the person or the nature and quality of the act.
In R v Tabassum, why was the consent considered invalid?
Consent was invalid because the complainants believed the defendant was medically qualified when he was not.
What is the significance of R v Dica in relation to informed consent?
Dica held that knowingly transmitting a serious disease without informing the partner invalidates consent.
How did the case of R v Brown affect consent in sadomasochistic activities?
Brown established that consent cannot be a defense to sado-masochistic activities due to the cruelty involved.
In the context of consent, what did the CA rule in R v Wilson?
Wilson ruled that consent could be a defense in cases of branding, distinguishing it from the issues in Brown.
What case questioned whether consent is a defense to euthanasia?
The case of Pretty v DPP questioned the legality of consent in cases of euthanasia and assisted suicide.
What did the case of R v Aitken clarify about consent and horseplay?
The case confirmed that individuals can engage in horseplay with the assumption of consent, even if injuries occur.
What kind of consent is required for effective consent in law?
Effective consent must be positive and genuine, not merely the absence of objection.
What was the outcome of R v Jones in relation to consent?
R v Jones established that consent to play fighting among peers can be a defense, even with serious injuries.
What constitutes a valid medical treatment consent?
Valid consent for medical treatment must come from mentally capable adults who understand the procedure.
In non-fatal offences, what is the significance of A-G Ref No 6 of 1980?
It outlines exceptions to the general rule against consent in violent situations, allowing for consent in certain circumstances.
What does the term ‘mens rea’ relate to in consent cases?
Mens rea refers to the defendant’s belief in consent when charged with crimes like theft or sexual assault.
In the case of R v Emmett, what precedent was reaffirmed regarding consent and sexual activities?
Emmett reaffirmed that consent cannot be used as a defense for actions involving extreme harm, akin to the principles established in Brown.
What does the case of R v Slingsby reveal about consent and vigorous sexual activity?
Slingsby shows that vigorous sexual activity with consent does not imply intent to harm, thus validating the action.
