Consent AO1 Flashcards
Burrell v Harmer
Consent must be real- too young to consent , not understand nature of act
R v Tabassum
Women had agreed to nature of act not quality of it.Must consent to whole act, (couldn’t consent to quality as not true doctor)
R v Paterson
No real consent. This is due to the patients not knowing what they were consenting to. Therefore not real
R v Dica
There has to be informed consent
R v Konzani
Just because a person consents to intercourse does not mean they consent to contraction of HIV
Limitations on consent
Limits in terms of harm of what people can consent to.
R v Leach
Arranged to be crucified.Ruled as GBH not allowed to rely on victims consent.
R v BM
Body modification, procedures were carried out for no good reason + non medically qualified person.
R v Wilson
Particular significance was that the act was not for sexual gratification but rather considered as tattoo by parties.
R v Slingby
Internal cuts in girls by ring, neither intended or foreseen. Held all acts were consented to by victim.
Normal sexual acts can be consented to not like R v Brown
R v Emmett
To his girlfriend choked with plastic bag etc- can’t consent to that level of harm
R v Jones and others + R v Aitken and others
Jones- boys injured by tossed in air on playgrounds.
Aitken- serious burns as part of ceremony in RAF
Consent in sport
R v Barnes
R v Moss
R v Barnes -GBH in football. Ruled not appropriate to bring criminal proceedings. Beyond what consented for in taking part of sport however still expectable.
R v Moss- rugby but punched in face. Sport is not a license for thuggery
Airedale National Health Service Trust v Bland
Switching off the life support machine only set up a failure to act.
Pretty v UK
DPP refused to not prosecute her husband if he assisted killed her.Eu human rights said English law intruded on private life.This was allowed.
