consent

Question 1

Who is the burden of proof on?

Answer 1

The prosecution must disprove the defence

Question 2

What is consent generally not applicable for?

Answer 2

S47 and higher offences

Question 3

What must consent be?

Answer 3

Informed and valid

Question 4

Who must provide consent

Answer 4

A sober and reasonable adult

Question 5

What D must be able to understand?

Answer 5

What they are consenting to

Question 6

Why is consent not considered a true defence?

Answer 6

It only prevents the offence from being an offence

Question 7

What is consent?

Answer 7

Where D does something to V but with V’s permission

Question 8

How has consent been developed?

Answer 8

Through the common law

Question 9

What is the general rule on consent?

Answer 9

A person can consent to an assault or battery as long as no injuries are incurred

Question 10

Give the facts of Gillick

Answer 10

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

Question 11

Give the ratio of Gillick

Answer 11

The declaration was refused, D must be able to understand what they are consenting to

Question 12

Which aspect of consent does Gillick link to?

Answer 12

Consent must be informed and valid

Question 13

Give the facts of Burrell v Harmer

Answer 13

D tattooed 2 boys aged 12 and 13 the boys had consented to the tattoo

Question 14

Give the ratio of Burrell v Harmer

Answer 14

The boys consent was ineffective, the court was of the opinion that they were unable to comprehend the nature of the act

Question 15

Which aspect of consent does Burrell v Harmer link to?

Answer 15

Consent must be informed and valid

Question 16

Give the facts of Tabussum

Answer 16

D told V’s he was a doctor researching breast cancer, they only consented to the exams because they believed him

Question 17

Give the ratio of Tabussum

Answer 17

Consent cannot be obtained by deception

Question 18

Give the facts of Dica

Answer 18

D had sex with a woman who didn’t know he had HIV

Question 19

Give the ratio of Dica

Answer 19

Where it is concealed there is no consent because consent must be informed

Question 20

Give the facts of Konzani

Answer 20

D had spread HIV to a woman who didn’t know he had it

Question 21

Give the ratio of Konzani

Answer 21

Consent could not be informed so was not a defence

Question 22

Give the facts of Adaye

Answer 22

D was told he probably had HIV and should take a medical test, he didn’t and spread it

Question 23

Give the ratio of Adaye

Answer 23

V couldn’t have consented and a charge can be brought where D has “second degree knowledge” of the harm they may be causing

Question 24

Give the facts of Oluboja

Answer 24

V complied to a rape out of fear of D

Question 25

Give the ratio of Oluboja

Answer 25

Consent cannot be obtained by force

Question 26

Give Dunn LJ’s quote from Oluboja

Answer 26

There is a difference between consent and submission

Question 27

Give the facts of Richardson

Answer 27

A dentist carried out work on patients after being struck off, they wouldn’t have consented to treatment if they’d known

Question 28

Give the ratio of Richardson

Answer 28

Consent is not always removed due to fraudulent behaviour

Question 29

Give the facts of Jones

Answer 29

D threw a schoolmate in the air and dropped him resulting in serious injury

Question 30

Give the facts of Aitken

Answer 30

D’s were RAF officers who set fire to V’s pants as a joke he got serious burns

Question 31

Give the ratio of Jones

Answer 31

Consent to rough horseplay is a defence if D has a genuine belief in consent

Question 32

Give the ratio of Aitken

Answer 32

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

Question 33

When is vigorous sexual activity a defence?

Answer 33

Where it is bondage and sex games

Question 34

When is vigorous sexual activity not a defence

Answer 34

Where it is sadomasochistic

Question 35

Give the facts of Emmett

Answer 35

D set his partner alight and tied a bag over her head as part of sadomasochistic sex

Question 36

Give the ratio of Emmett

Answer 36

These were not acts to which she could have given lawful consent

Question 37

Give the facts of Slingsby

Answer 37

D fisted V while wearing a ring, she developed septicaemia and died

Question 38

Give the ratio of Slingsby

Answer 38

There was no intent to injure it was an unforeseen accident

Question 39

Give the facts of Wilson

Answer 39

D branded his initials on his wife’s buttocks with her consent

Question 40

Give the ratio of Wilson

Answer 40

The wife’s consent was valid as it was akin to a tattoo not for sexual gratification

Question 41

Give the facts of Lock

Answer 41

V signed a contract giving D free use of her body and said he went too far

Question 42

Give the ratio of Lock

Answer 42

D acquitted of ABH because V had consented

Question 43

Give the facts of Newland

Answer 43

D tricked her friend into having sex with her by pretending to be a man

Question 44

Give the ratio of Newland

Answer 44

Consent via deception is not valid

Question 45

Give the facts of Brown and Others

Answer 45

D’s were convicted of ABH and wounding due to injuries caused during homosexual sadomasochistic activity

Question 46

Give the ratio of Brown and Others

Answer 46

Their convictions were upheld as the Court of Appeal said it was a point of law of general importance

Question 47

Give the facts of Leach

Answer 47

D’s nailed V to a wooden crucifix at D’s request

Question 48

Give the ratio of Leach

Answer 48

D’s found guilty of s18 GBH it didn’t matter that D had consented

Question 49

Give the facts of Billinghurst

Answer 49

A rugby player punched another player during a match in an unprovoked attack

Question 50

Give the ratio of Billinghurst

Answer 50

Consent not available because it was outside of the rules of the game

Question 51

Give the facts of Barnes

Answer 51

D went in for a tackle and seriously injured his opponents leg

Question 52

Give the ratio of Barnes

Answer 52

Injury sustained through actions reasonably inside of the rules of the game are consented to in the playing of that sport

Question 53

Give the facts of Coney

Answer 53

D’s were engaged in prizefighting

Question 54

Give the ratio of Coney

Answer 54

In order for consent to be a defence in sport, it must be a regulated sport

Question 55

What did Pretty and Purdy confirm?

Answer 55

You cannot consent to your own death