Consent Ao1

Question 1

What must consent be, and case

Answer 1

Real

Dica-consented to sex but was not told he had HIV, so consent became unavailable

Question 2

General rule for consent

Answer 2

Cannot be a defence for ABH and above, but exceptions exist

Question 3

4 exceptions to general rule of consent

Answer 3

Properly conducted sports games
Lawful surgery
Normal sex
Horseplay

Question 4

Properly conducted sports cases (2)

Answer 4

Force must be reasonably expected within game e.g boxing, expected to get punched.

R v Barnes-tackle caused GBH type injury, but was reasonable

R v Billingshurst-punched V during rugby game-was not reasonable expected within game so defence failed

Question 5

Lawful surgery case

Answer 5

R v Wilson-branded initials on wife’s arse, got infected. Dr reported to police Held:consent

Question 6

Normal sex case

Answer 6

R v Donovan-D caned girl for sexual gratification-there was consent

Question 7

Horseplay case

Answer 7

R v Jones and Others

Boys thrown in air, failed to catch them-was consent

Question 8

Fraud on consent

Answer 8

Negates consent if deceives identity, or nature/quality of act

Question 9

R v Richardson

Answer 9

Dentist did not tell patient she had been struck off, patients would not have consented if they knew, so guilty-consent was not real