Consent Flashcards
Gillick
Ds daughter booked appointment without mother knowing
Ratio: since the daughter booked the appointment she knows what she is doing and should be allowed- Gillick test.
Gillick compentancy
Burrell v harmer
2 boys aged 12 and 13 got a tattoo, they both consented
Ratio: consent not available as the could not comprehend the nature of the act.
Tabussum
D pretends to be doctor so he can help the NHS, but he was actually committing sexual offences.
Ratio: If the patients knew he wasn’t a doctor they wouldn’t have consented
Konzani
D was HIV positive and aware, he has intercourse with 3 other people
Ratio: reasonable or genuine belief by konzani the complaints were aware of his HIV positive status.
Jones
School boys threw mates in the air seriously injuring them.
Ratio: consent to rough and undisciplined horseplay is a defence, even with no consent.
AO3- inconsistency- brown