Consent Evaluation

Question 1

A01 common law tries to balance law and right to autonomy

Answer 1

Not statute lots of cases
Autonomy person freedom decides what’s best for society
Exceptions for when defence will be available for more serious injuries

Question 2

Exceptions for when defence will be available for more serious injuries cases

Answer 2

Barnes
Brown

Question 3

A03 Tries to balance law and right to autonomy For

Answer 3

Common law can be altered easily keeping in line with social changes
Principle important law should not interfere with personal freedom.

Question 4

A03 Tries to balance law and right to autonomy But

Answer 4

Common law loads of rules which is complex
Lack certainty and predictability
Judges should not rule on policy

Question 5

Keeping in line with social changes case

Answer 5

Gillick

Question 6

Judges should not rule on policy case

Answer 6

Brown

Question 7

A01 protects the vulnerable

Answer 7

Cannot use defence to murder
Terminally must take own life if wish to die
Child chastisement stops cruelty

Question 8

A03 protects the vulnerable for

Answer 8

If AS allowed lead to surge in deaths
More recent cases offer flexibility unable to prosecute for assisted suicide.
Jury trials rarely convict for assisted suicide/euthanasia

Question 9

A03 protects the vulnerable But

Answer 9

Illogical distinctions some sexual activity exempt but some allowed.
Remains a contentious topic
Courts have refused a change

Question 10

Cannot use defence to murder case

Answer 10

Leach

Question 11

Must take life if wish to die case

Answer 11

Pretty

Question 12

Some sexual activity exempt case

Answer 12

Brown

Question 13

Some sexual activity alllowed case

Answer 13

wilson

Question 14

A01 Validity and capacity for consent

Answer 14

Person consenting must have legal capacity either by Gillick competence or aged 18 and over.
Consent invalid in statutory rape
Consent must be genuine and true

Question 15

A03 validity and capacity for consent For

Answer 15

Principle respects rights of young people
Safeguards as can’t consent to situations that would be harmful

Question 16

A03 validity and capacity for consent But

Answer 16

Vague as different for different people
Do young people really know what’s best for them
Statutory rape capacity to consent seems immaterial

Question 17

Consent must be genuine case

Answer 17

Tabassum

Question 18

A01 exceptions to case

Answer 18

Can be defence for low level non fatal offences
Sexual activity allowed short for vigorous and sado masochistic activity
Undisciplined play with no intention to injury

Question 19

A03 exceptions for case For

Answer 19

Exception reflects principle of consent
Law protects potentially vulnerable people
Fits with autonomy principle

Question 20

A03 exceptions for case But

Answer 20

Lord mustil said ‘should not interfere with rights of individual’
Decisions made by judges who are not best to judge on conducive to society
Inconsistent with SD intoxication rules

Question 21

Sexual activity case

Answer 21

Brown

Question 22

Undisciplined case

Answer 22

Jones

Question 23

Inconsistent with SD intoxication rules case

Answer 23

Grady

Question 24

Law commission report 1996 reforms

Answer 24

Extend range of situations consent could be used
D should be able to rely on V’s consent when infliction of harm not serious
Remove special expection for horseplay

Question 25

What was law commission 2000 report confined to

Answer 25

Sexual offences

Question 26

Law commission report 2000 reforms

Answer 26

Consent should be defined as ‘free and genuine agreement to the act in question’
Should be evidenced by words or conduct whether past or present.
Reconsideration of current exclusions and inclusions.

Question 27

Other possible reforms

Answer 27

Extension of defence for all offences
Agreement to risk of serious harm

Question 28

Which case could agreement to risk of serious harm be used in?

Answer 28

Brown

Question 29

Which case would agreement to risk of serious harm fail in?

Answer 29

Richardson