Consent Flashcards
1
Q
Structure of consent
A
- Can v consent to the crime
Assault and battery
GBH
Murder
S20 and S47
Exceptions - Did v really consent to the crime
Capacity
Consent must be genuine
Is the consent implied?
2
Q
R v slingsby (Assault and battery)
A
Consent can be used against common assault and battery
3
Q
R v leach (GBH)
A
Consent cannot be used as a defence against s18 GBH
4
Q
Pretty v UK (murder)
A
Murder cannot be constented to
5
Q
R v brown (s20 and 47)
A
Consent will not be a defence to a crime under s20 or 47
6
Q
4 exceptions to s20 and s47
A
- Properly conducted games and sports
- R v aitken- rough horse play
- R v Wilson- tattooing
- Medical treatment
7
Q
R v oluboja
A
Mere submission is not consent
8
Q
Gillick v west Norfolk (capacity)
A
Do they know what they are consenting to
9
Q
R v new land (consent must be genuine)
A
The consent must be true
10
Q
Implied consent?
A
Implied consent is not consent
