Consent Flashcards
Basis of consent
Is a complete general defence evidential burden on D
V must have capacity to consent: Burrell V Harmer (tattooing underage kids who didn’t have legal capacity to consent)
Consent cannot be given in fear: Olugbojia (V had been raped already when second man told her to remove her trousers she complied out of fear)
Fraud can negate consent but only if to do with the nature and quality of the act or the identity of the defendant: R v Richardson (only fake intern) compared with R v Tabassum (lied about identity when women’s breasts as breast cancer specialist)
Consent must be informed: Dica (HIV positive but didn’t tell partners)
When can consent be raised
Assault and battery- Consent is a defence as per Collins V Wilcock (implied consent in public place if force is not unduelly excessive)
General rule as per AG ref N6 1981 consent cannot be used unless fitting into of these 7 categories
Piercing and tattoos: Wilson (branded wife at her request)
Sexual activity: Slingsby (death of partner due to infection) this was vigorous sex which is okay as harm was not the purpose but Brown (S and M) is not as main purpose is harm so no good reason
Lawful chastisement: only up to battery not A V UK (child beaten with garden cane)
Horse play: as per Aitkin (RAF member set on fire consensually while wearing protective suit)
Contact sports: is okay on the ball as per Barnes (tackled recklessly during game) not off the ball as per Billinghurst (punched V off ball fracturing jaw)
Surgery: Is okay obviously but not when D has decived patient that they are a doctor or as to what they are doing e.g. Ian Paterson (quality-surgeries preformed were unnecessary) Simon Bramhall (nature- put initials on livers)
Dangerous exhibitions: like skydiving not like Leach (crucifixion as no good can come from it)
Consent cannot be raised to murder: Pretty
