Consent As A Defence To NFO Flashcards
R v Donovan (1934), R v Slingsby (1995) | (Consent)
Where the victim agrees to suffer an injury, strictly speaking there is no offence
R v Tabassum (Consent)
Consent must be real and not based on deceit – in R v Tabassum, women had consented to have their breasts measured believing the doctor to be genuine – he wasn’t.
R v Dica (Consent)
D was guilty under s 20 OAPA 1861 because he had had sex with two women and infected them with HIV – they had consented, but were unaware of his HIV status.
R v Olugboja (1982) (Consent)
Consent through fear is not real consent (jury decides)
What is the principle of Implied consent (minor injuries)
In everyday life – sports, in a crowded train or a supermarket, a bit of jostling in accepted as inevitable. This is not battery because the we indirectly give our consent by putting ourselves in the situation.
(R v Barnes (2004) - football foul injury
R v Brown (implied consent)
The judge said that you cannot consent to brutal acts, such as sticking pins in another’s penis, therefore their conviction was upheld.
‘Society is entitled and bound to protect itself against a cult of violence’
How does R v Wilson compare to R v Brown? (Implied consent)
The injury in Wilson was categorised as a ‘personal adornment’ like a tattoo whereas in R v Brown, it wasn’t
Principle of mistaken belief as consent
The defendant can use this as a defence if they genuinely believed that the victim consented, even though that belief might be unreasonable – R v Jones (1986).
Why do we need a defence of consent?
The need for a defence of consent in clear, if it didn’t exist, then contact sports would ne illegal for instance.
R v Barnes (2004) sets out matters which were to be considered :
- Intentional infliction of injury
– always criminal.
- Reckless infliction of injury in actual play or a moment of temper or over-excitement when play had ceased?
- Off-the-ball injuries.
- Was the play within the rules and practice of the game?
Why do we need consent in medical procedures?
Consent is necessary in medical procedures either from the patient, or if the patient is unconscious, their relatives. If this isn’t possible and the treatment needs to be performed quickly, then the operation CAN be performed without consent.
Evaluation of the law on consent
Mdmd
Consent and Euthanasia
• Although a person is entitled to take their own life, nobody can consent to another person assisting in bringing about their own death R (on the application of Pretty) v DPP (2001).
• Those who are incapable of taking their own lives and would need to rely on another to do so, do not however have the opportunity to do so.
• The issue of assisted suicide has been rejected by Parliament however having to come to a head after R (on the application of Nicklinson and another) v Ministry of Justice 2014.
