Consent Flashcards
0
Q
Capacity to consent
A
Key issue in this is age
Gillick competence must understand the risks of the consent
1
Q
What are the key elements
A
- Capacity
- True
- Informed
- Implied
- General rule and exceptions
2
Q
True consent
A
Tabassum
Is what was consented to actually happening?
3
Q
Informed consent
A
Is there something the consenter hasn’t been told about?
Dica
4
Q
Implied
A
Wilson v pringle
Public settings where consent isn’t needed
5
Q
General rule?
A
Agr n6/1980
States that consent can’t be used as it’s not in the publics interest for people to hurt themselves for no good reason
6
Q
Exceptions
A
- sport Barnes
- surgery
- horse play aitkens key idea for this is that there is no mr to cause harm
- branding Wilson
- sex slingsby
7
Q
Must be for a unlawful act
A
Slingsby not unlawful
S18 - leach no
Murder - pretty no
