Consent (AO1) Flashcards
What are the different sections of the consent ao1?
-Intro
-Elements
Explain intro…
-Consent plays a significant role in the non-fatal offences against the person offences
-Implied consent is assumed in some everyday situations e.g. walking through busy street
List elements simplified
-Not available for murder
-Must be true
-STI
-Through fear
-Everyday situations
-Physical sports
-Limited nature of defence
-Public interest
-Horseplay
-Surgical interference
-Honest mistaken belief
-Not always
-Euphanasia
Explain: not available for murder…
Consent is not available for murder or S18 OAPA but can consent to UAM and minor non-fatal offences (Slingsby)
Explain: Must be true…
Consent given must be true (Tabassum)
Explain: STI’s…
Consent to sexually transmitted infections must be informed (Dica)
Explain: Fear…
Consent given through fear does not make the consent real (Olugboja)
Explain: everyday situations…
Consent can be implied in everyday situations (Wilson v Pringle)
Explain: physical sports…
Consent is implied in physical sports and there must be a sufficient breach of the rules of the game to negate the defence of consent (Barnes)
Explain: limited nature of defence
Limited nature of the defence = does not normally apply to S47 OAPA 1861 offence unless one of certain exceptions created by Lord Lane
Explain: Influenced by public interest
Consent is influenced by public interest as stated in Brown and Wilson
Explain: Horseplay
Horseplay can give rise to a defence as seen in (Aitken)
Explain: Surgical interference
Reasonable surgical interference, injections, tattooing and body piercing give rise to consent but it will depend on the V’s age and ability to consent (Burrell v Harmer)
Explain: Honest mistaken belief
An honest but mistaken belief in consent is effective as a defence (DPP v Morgan)
Explain: Not always available
Consent is not always available for sexual offences (R v G)
Explain: Euthanasia
Consent is never a defence in relation to euthanasia (Pretty)
What is the principle of Slingsby?
Judge held that the activity of inserting fingers into the vagina and rectum for sexual pleasure was not an assault and not an unlawful act where consent had been obtained, appeal was allowed and conviction was quashed
What is the principle of Tabbassum?
The defence of consent didn’t apply as the women consented to the nature of the act but not it’s quality
What is the principle of Olugboja?
The jury should consider the state of mind for the victim before the act and the events leading up to it
What is the principle of Barnes?
Football has implicit consent to risk of injury and GBH, judge held that the actions of the appellant did not require criminal intervene, so failing to meet the requirements of s20
What is the principle of Burrell v Harmer
It was held that the boys consent was ineffective since the court was of the opinion they were unable to comprehend the nature of the act
What is the principle of DPP V Morgan?
HofL held that when a D had intercourse with a woman without consent, genuinely believing she consented, he was not guilty of rape
What is the principle of R v G?
A man is reckless when he carries out the deliberate act appreciating that there is a risk that damage to property may result from his act
