Consent Flashcards
What can a person consent to
battery and assault
what cant a person consent to
ABH or greater harm NEVER MURDER
what are the exceptions to consent with abh/greater harm
Game and sports, surgical interference tattooing body piercing horseplay dangerous exhibitions
What is true consent
where the victim understands the nature and quality of the activity they are agreeing to
Richardson -
D was a dentist who continued to perform surgery even after being dismissed by her professional body
Victims had only been deceived about her status as a practicing dentist - the nature and quality of the acts performed were exactly those consented to. therefore TURE CONSENT.
What happened in Tabassum
D posed as doctor in order to molest woman who thought he was conducting medical research
the acts were not medical research so the women did not understand the nature and quality of them. Therefore there is no true consent.
What is informed consent
where the victim makes a decision fully aware of all the risks involved and with the capacity to do so
DICA
D persuaded women to have unprotected sex and as a result infected them with HIV.
there was NO INFORMED CONSENT
what happened in gillick
D tried to obtain contraceptive pill without her parents knowledge at age 15.
Provided G understood her advice and the decisions, she went on in her best interests she was able to decide to use the pill without her parents input.
CREATES LEGAL PRINCIPLE CALLED GILLICK COMPETENCE.
what is implied consent
where the victim is assumed to consent e.g to minor touchings everyday
what is mistaken belief in consent
a ‘honest mistake’ about whether or not v is consenting, will still provide a defence
Jones - 2 schoolboys tossed in air by older people. D’s believed they had V’s consent to pumps. despite serious injuries, genuine mistaken belief in consent to rough horseplay could be a defence
what happened in AG ref no6 of 1980
2 D’s agreed to settle differences through street fight and rely on consent - street fighting is not in the public interest.
Consent not available for bodily injury unless there is a public interest in allowing the activity from which the injury arises.
What happened in Barnes
Heavy tackle on amateur football match
What happened in wilson
D branded his initials on wifes buttocks using a hot knife
branding said to be similar to a tattoo or form of body art
