Consent A01 Flashcards
you can consent to assault and battery (case)
particularly in everyday situations of ordinary life, ‘impliedly consent’ → Collins v Willcock.
-you can not consent to ABH or GBH unless it falls _____________
under the common law exceptions
defence of consent can never be used for ________
murder - no exceptions
two part test
consent must be valid
consent must be informed
Burrell v Hamer
victim must have the capacity to understand the nature of the act and know exactly what they are consenting to - children & mentally ill may not be able to
Gillick v West Norfolk
children are considered to be competent in that they understand and are capable of giving valid consent - deemed ‘Gillick Competent’
what act and section for valid
s.2(1) of the Mental Capacity Act 2007 consent is not valid if df is unable to
(a)(b)(c)(d)
(a) understand the information
(b) retain the information
(c) weigh up the info
(d) communicate his decision
R v Dica
victim must be informed to the identity of the df + nature and quality of their act
R v Tabassum
Fraud invalidates consent if the victim was deceived to the identity of the victim + the nature and quality of their act
R v Richardson
not guilty as the defendant was a qualified dentist and carried out the act she said she would despite being struck off
exceptions
can consent to ABH + GBH
-surgery
Re:S
tattooing and piercings
extended to branding in R v Wilson
football
R v Barnes
