consent Flashcards
whats the general principle of consent in criminal law
law only prohibits unlawful consent ,
- if theres effective consent , theres no unlawful act
r v slingsby
when is consent generally not a defence
for injuries amount to abh or above, unless theres an exception
what did r v m establish
- not in the public interest to allow people to wound each other without a good reason
what was held in Donovan 1934
- consent doesn’t qualify if bodily harm was a probable consequence of an unlawful act
what did ag ref no 6 of 1980 establish
- causing or intending abh even with consent is criminal unless exception applies
how does the law view everyday physical contact
- some level of consent is assumed
collins v wilcock
what is required for real consent
consent must not be obtained through deception fear or fraud
tabassum
what did the courts decide in Richardson
- fraud only invalidates consent if it relates to identity or the nature and quality of the act
what is informed consent in the context of disease transmission
- victim must know defendant has the disease
dica
can a child or mentally ill person give valid consent
not always, may lack capacity
- r v howard
what expectiosn make consent a valid defence for abh and above
surgery
tattooing
contact sport
main circumcsion
ag ref no 6 of 1980
what did the courts decide in barnes regarding sports
- consent can be applied if the injury occurs within the rules and spirit of the game
what did Emmett clarify about private sexual behaviour
- even if consensual , extreme acts not protected
- public interest prevails
is horseplay a valid defence
- sometimes if theres no intent to harm
jones
can consent be a defence to murder/ euthanasia
no
pretty
