consent Flashcards
Who is the burden of proof on?
The prosecution must disprove the defence
What is consent generally not applicable for?
S47 and higher offences
What must consent be?
Informed and valid
Who must provide consent
A sober and reasonable adult
What D must be able to understand?
What they are consenting to
Why is consent not considered a true defence?
It only prevents the offence from being an offence
What is consent?
Where D does something to V but with V’s permission
How has consent been developed?
Through the common law
What is the general rule on consent?
A person can consent to an assault or battery as long as no injuries are incurred
Give the facts of Gillick
Mrs Gillick sought a declaration that it would be unlawful for a doctor to prescribe birth control to a child under 16 without knowledge or consent of the parent
Give the ratio of Gillick
The declaration was refused, D must be able to understand what they are consenting to
Which aspect of consent does Gillick link to?
Consent must be informed and valid
Give the facts of Burrell v Harmer
D tattooed 2 boys aged 12 and 13 the boys had consented to the tattoo
Give the ratio of Burrell v Harmer
The boys consent was ineffective, the court was of the opinion that they were unable to comprehend the nature of the act
Which aspect of consent does Burrell v Harmer link to?
Consent must be informed and valid
Give the facts of Tabussum
D told V’s he was a doctor researching breast cancer, they only consented to the exams because they believed him
Give the ratio of Tabussum
Consent cannot be obtained by deception
Give the facts of Dica
D had sex with a woman who didn’t know he had HIV
Give the ratio of Dica
Where it is concealed there is no consent because consent must be informed
Give the facts of Konzani
D had spread HIV to a woman who didn’t know he had it
Give the ratio of Konzani
Consent could not be informed so was not a defence
Give the facts of Adaye
D was told he probably had HIV and should take a medical test, he didn’t and spread it
Give the ratio of Adaye
V couldn’t have consented and a charge can be brought where D has “second degree knowledge” of the harm they may be causing
Give the facts of Oluboja
V complied to a rape out of fear of D
Give the ratio of Oluboja
Consent cannot be obtained by force
Give Dunn LJ’s quote from Oluboja
There is a difference between consent and submission
Give the facts of Richardson
A dentist carried out work on patients after being struck off, they wouldn’t have consented to treatment if they’d known
Give the ratio of Richardson
Consent is not always removed due to fraudulent behaviour
Give the facts of Jones
D threw a schoolmate in the air and dropped him resulting in serious injury
Give the facts of Aitken
D’s were RAF officers who set fire to V’s pants as a joke he got serious burns
Give the ratio of Jones
Consent to rough horseplay is a defence if D has a genuine belief in consent
Give the ratio of Aitken
If the officer had consented or D’s believed he had then it was open for the judge to find that no offence had been committed
When is vigorous sexual activity a defence?
Where it is bondage and sex games
When is vigorous sexual activity not a defence
Where it is sadomasochistic
Give the facts of Emmett
D set his partner alight and tied a bag over her head as part of sadomasochistic sex
Give the ratio of Emmett
These were not acts to which she could have given lawful consent
Give the facts of Slingsby
D fisted V while wearing a ring, she developed septicaemia and died
Give the ratio of Slingsby
There was no intent to injure it was an unforeseen accident
Give the facts of Wilson
D branded his initials on his wife’s buttocks with her consent
Give the ratio of Wilson
The wife’s consent was valid as it was akin to a tattoo not for sexual gratification
Give the facts of Lock
V signed a contract giving D free use of her body and said he went too far
Give the ratio of Lock
D acquitted of ABH because V had consented
Give the facts of Newland
D tricked her friend into having sex with her by pretending to be a man
Give the ratio of Newland
Consent via deception is not valid
Give the facts of Brown and Others
D’s were convicted of ABH and wounding due to injuries caused during homosexual sadomasochistic activity
Give the ratio of Brown and Others
Their convictions were upheld as the Court of Appeal said it was a point of law of general importance
Give the facts of Leach
D’s nailed V to a wooden crucifix at D’s request
Give the ratio of Leach
D’s found guilty of s18 GBH it didn’t matter that D had consented
Give the facts of Billinghurst
A rugby player punched another player during a match in an unprovoked attack
Give the ratio of Billinghurst
Consent not available because it was outside of the rules of the game
Give the facts of Barnes
D went in for a tackle and seriously injured his opponents leg
Give the ratio of Barnes
Injury sustained through actions reasonably inside of the rules of the game are consented to in the playing of that sport
Give the facts of Coney
D’s were engaged in prizefighting
Give the ratio of Coney
In order for consent to be a defence in sport, it must be a regulated sport
What did Pretty and Purdy confirm?
You cannot consent to your own death
