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G153 Law > consent > Flashcards

consent Flashcards

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1
Q

Who is the burden of proof on?

A

The prosecution must disprove the defence

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2
Q

What is consent generally not applicable for?

A

S47 and higher offences

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3
Q

What must consent be?

A

Informed and valid

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4
Q

Who must provide consent

A

A sober and reasonable adult

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5
Q

What D must be able to understand?

A

What they are consenting to

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6
Q

Why is consent not considered a true defence?

A

It only prevents the offence from being an offence

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7
Q

What is consent?

A

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

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8
Q

How has consent been developed?

A

Through the common law

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9
Q

What is the general rule on consent?

A

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

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10
Q

Give the facts of Gillick

A

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

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11
Q

Give the ratio of Gillick

A

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

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12
Q

Which aspect of consent does Gillick link to?

A

Consent must be informed and valid

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13
Q

Give the facts of Burrell v Harmer

A

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

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14
Q

Give the ratio of Burrell v Harmer

A

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

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15
Q

Which aspect of consent does Burrell v Harmer link to?

A

Consent must be informed and valid

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16
Q

Give the facts of Tabussum

A

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

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17
Q

Give the ratio of Tabussum

A

Consent cannot be obtained by deception

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18
Q

Give the facts of Dica

A

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

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19
Q

Give the ratio of Dica

A

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

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20
Q

Give the facts of Konzani

A

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

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21
Q

Give the ratio of Konzani

A

Consent could not be informed so was not a defence

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22
Q

Give the facts of Adaye

A

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

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23
Q

Give the ratio of Adaye

A

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

24
Q

Give the facts of Oluboja

A

V complied to a rape out of fear of D

25
Q

Give the ratio of Oluboja

A

Consent cannot be obtained by force

26
Q

Give Dunn LJ’s quote from Oluboja

A

There is a difference between consent and submission

27
Q

Give the facts of Richardson

A

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

28
Q

Give the ratio of Richardson

A

Consent is not always removed due to fraudulent behaviour

29
Q

Give the facts of Jones

A

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

30
Q

Give the facts of Aitken

A

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

31
Q

Give the ratio of Jones

A

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

32
Q

Give the ratio of Aitken

A

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

33
Q

When is vigorous sexual activity a defence?

A

Where it is bondage and sex games

34
Q

When is vigorous sexual activity not a defence

A

Where it is sadomasochistic

35
Q

Give the facts of Emmett

A

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

36
Q

Give the ratio of Emmett

A

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

37
Q

Give the facts of Slingsby

A

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

38
Q

Give the ratio of Slingsby

A

There was no intent to injure it was an unforeseen accident

39
Q

Give the facts of Wilson

A

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

40
Q

Give the ratio of Wilson

A

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

41
Q

Give the facts of Lock

A

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

42
Q

Give the ratio of Lock

A

D acquitted of ABH because V had consented

43
Q

Give the facts of Newland

A

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

44
Q

Give the ratio of Newland

A

Consent via deception is not valid

45
Q

Give the facts of Brown and Others

A

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

46
Q

Give the ratio of Brown and Others

A

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

47
Q

Give the facts of Leach

A

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

48
Q

Give the ratio of Leach

A

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

49
Q

Give the facts of Billinghurst

A

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

50
Q

Give the ratio of Billinghurst

A

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

51
Q

Give the facts of Barnes

A

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

52
Q

Give the ratio of Barnes

A

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

53
Q

Give the facts of Coney

A

D’s were engaged in prizefighting

54
Q

Give the ratio of Coney

A

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

55
Q

What did Pretty and Purdy confirm?

A

You cannot consent to your own death

G153 Law (24 decks)

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