consent evaluation Flashcards
EUTHANASIA ISSUES: consent to your own death cannot be a defence to… and case
‘mercy killings’ or assisted suicide- confirmed in PRETTY V DPP
EUTHANASIA ISSUES: what is it argued that euthanasia prevents
people with terminal illness arranging a dignified death in circumstances of their own choice
EUTHANASIA ISSUES: people cant arrange dignified death despite evidence that
public opinion is in favour of some change to the law
EUTHANASIA ISSUES: the law has moved slightly towards allowing assisted suicide following…
the case of PURDY in which the high court ordered the CPS to produce clear guidelines for when a prosecution would take place
EUTHANASIA ISSUES: what do the CPS new guidelines state
people will only be prosecuted for assisted suicide if the police suspect their motives
CONFLICTING DECISIONS: it is difficult to reconcile the decision in
BROWN AND OTHERS
CONFLICTING DECISIONS: decision in BROWN in which
sadomasochistic behavior amongst homosexuals in private resulted in criminal convictions
CONFLICTING DECISIONS: with the case if WILSON in which the court decided
that consent could be a defence to similar activity between a heterosexual couple
CONFLICTING DECISIONS: it has been argued that the distinction from BROWN on the grounds that
it was a form of tattooing is unjustified
CONFLICTING DECISIONS: what does the distinction indicate
that the courts applied different approaches to hetero and homosexual activity
LACK OF CLEAR RATIONALE: the courts have stated in AG REF NO6 1980 that
consent will only be allowed as a defence for ABH and above if there is a good public policy reason
LACK OF CLEAR RATIONALE: there is no clear rationale for what
may be a ‘good reason’ and there is conflicting case law
LACK OF CLEAR RATIONALE: in the case of JONES
the defence was allowed in the name of ‘horseplay’ despite serious harm caused
LACK OF CLEAR RATIONALE: it has been argued that consent should not be available in such cases so that
people know the law will not protect them if rough behaviour goes wrong
LACK OF CLEAR RATIONALE: the conduct in JONES was
little more than bullying and is questionable whether there was actually true consent
