Consent

Question 1

Justification for defence

Answer 1

We are free to independently choose our lives in any we see fit

Question 2

For minor injury D must prove

Answer 2

Informed consent and that informed consent covered the nature and degree of the harm caused to the victim

Question 3

Cannot be used for serious injury except in

Answer 3

Sport
Horseplay
Tattooing and piercing
Surgery
Non-violent sexual relations

Question 4

Step 1

Answer 4

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

Question 5

Cannot use consent if by fraud

Answer 5

Tabassum

Question 6

Cannot use consent by fear

Answer 6

Olugboja

Question 7

Consent cannot be used if V did not have all the facts

Answer 7

dica

Question 8

Step 2

Answer 8

Nature and degree of the harm

Question 9

Everyday situations there is implied consent and it is not common battery

Answer 9

Wilson V Pringle

Question 10

A group of homosexuals engaged in weird sexual activity all gave consent but the courts held the harm was too serious

Answer 10

R V Brown

Question 11

Serious injury accounts for which non fatal offences

Answer 11

S47 - causing ABH
S20 - malicious wounding
S18 - wounding with intent

Question 12

Sport - if it is part of the game consent can be used

Answer 12

R v Barnes - it was (tackling)

R v Moss - it wasn’t (punching)

Question 13

What must a child have to be able to give consent to a medical procedure?

Answer 13

Gillick competence - whether they mentally have the responsibility - no set age

Question 14

Consent was allowed in circumcision cases for religious purposes

Answer 14

Re J

Question 15

Tattooing can be consented to

Answer 15

Over the age of 18

Question 16

Victims did not appreciate the nature of the act to which they were consenting too as they were under 18 - tattooing

Answer 16

Burrell v harmer

Question 17

Branded his initials on his wife’s buttocks - consent allowed

Answer 17

R v Wilson

Question 18

The law allowed for vigorous sexual activity of

Answer 18

There was no intention to cause injury and that the activity was consensual

Question 19

Vigorous sexual activity led to death of wife due to husbands act but he did not intend to cause any injury or harm

Answer 19

R v slingsbury

Question 20

Consent can be allowed for rough horseplay if

Answer 20

There is a lack of intention to cause injury

Question 21

D’s gave V birthday bumps but he died from them. d’s had no intention to cause harm

Answer 21

R v Jones

Question 22

Can you give consent to euthanasia

Answer 22

No not in the UK - Diane pretty fought saying that she had the right to life aswell as death

Question 23

Is it for fatal or non fatal offences

Answer 23

Non fatal only - complete defence