Consent (AO1)

Question 1

What are the different sections of the consent ao1?

Answer 1

-Intro
-Elements

Question 2

Explain intro…

Answer 2

-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

Question 3

List elements simplified

Answer 3

-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

Question 4

Explain: not available for murder…

Answer 4

Consent is not available for murder or S18 OAPA but can consent to UAM and minor non-fatal offences (Slingsby)

Question 5

Explain: Must be true…

Answer 5

Consent given must be true (Tabassum)

Question 6

Explain: STI’s…

Answer 6

Consent to sexually transmitted infections must be informed (Dica)

Question 7

Explain: Fear…

Answer 7

Consent given through fear does not make the consent real (Olugboja)

Question 8

Explain: everyday situations…

Answer 8

Consent can be implied in everyday situations (Wilson v Pringle)

Question 9

Explain: physical sports…

Answer 9

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)

Question 10

Explain: limited nature of defence

Answer 10

Limited nature of the defence = does not normally apply to S47 OAPA 1861 offence unless one of certain exceptions created by Lord Lane

Question 11

Explain: Influenced by public interest

Answer 11

Consent is influenced by public interest as stated in Brown and Wilson

Question 12

Explain: Horseplay

Answer 12

Horseplay can give rise to a defence as seen in (Aitken)

Question 13

Explain: Surgical interference

Answer 13

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)

Question 14

Explain: Honest mistaken belief

Answer 14

An honest but mistaken belief in consent is effective as a defence (DPP v Morgan)

Question 15

Explain: Not always available

Answer 15

Consent is not always available for sexual offences (R v G)

Question 16

Explain: Euthanasia

Answer 16

Consent is never a defence in relation to euthanasia (Pretty)

Question 17

What is the principle of Slingsby?

Answer 17

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

Question 18

What is the principle of Tabbassum?

Answer 18

The defence of consent didn’t apply as the women consented to the nature of the act but not it’s quality

Question 19

What is the principle of Olugboja?

Answer 19

The jury should consider the state of mind for the victim before the act and the events leading up to it

Question 20

What is the principle of Barnes?

Answer 20

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

Question 21

What is the principle of Burrell v Harmer

Answer 21

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

Question 22

What is the principle of DPP V Morgan?

Answer 22

HofL held that when a D had intercourse with a woman without consent, genuinely believing she consented, he was not guilty of rape

Question 23

What is the principle of R v G?

Answer 23

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