Consent Flashcards
Justification for defence
We are free to independently choose our lives in any we see fit
For minor injury D must prove
Informed consent and that informed consent covered the nature and degree of the harm caused to the victim
Cannot be used for serious injury except in
Sport Horseplay Tattooing and piercing Surgery Non-violent sexual relations
Step 1
Informed consent - must be aware of what you are consenting too and the V must be fully aware of the full facts in order to make an informed decision
Cannot use consent if by fraud
Tabassum
Cannot use consent by fear
Olugboja
Consent cannot be used if V did not have all the facts
dica
Step 2
Nature and degree of the harm
Everyday situations there is implied consent and it is not common battery
Wilson V Pringle
A group of homosexuals engaged in weird sexual activity all gave consent but the courts held the harm was too serious
R V Brown
Serious injury accounts for which non fatal offences
S47 - causing ABH
S20 - malicious wounding
S18 - wounding with intent
Sport - if it is part of the game consent can be used
R v Barnes - it was (tackling)
R v Moss - it wasn’t (punching)
What must a child have to be able to give consent to a medical procedure?
Gillick competence - whether they mentally have the responsibility - no set age
Consent was allowed in circumcision cases for religious purposes
Re J
Tattooing can be consented to
Over the age of 18
Victims did not appreciate the nature of the act to which they were consenting too as they were under 18 - tattooing
Burrell v harmer
Branded his initials on his wife’s buttocks - consent allowed
R v Wilson
The law allowed for vigorous sexual activity of
There was no intention to cause injury and that the activity was consensual
Vigorous sexual activity led to death of wife due to husbands act but he did not intend to cause any injury or harm
R v slingsbury
Consent can be allowed for rough horseplay if
There is a lack of intention to cause injury
D’s gave V birthday bumps but he died from them. d’s had no intention to cause harm
R v Jones
Can you give consent to euthanasia
No not in the UK - Diane pretty fought saying that she had the right to life aswell as death
Is it for fatal or non fatal offences
Non fatal only - complete defence
