Criminal 6 - Consent Flashcards
1
Q
What is an ‘innocent agent’?
A
Where the person who performs the actus reus is not the principal
2
Q
When can consent apply?
A
- V consented
- Offence is one that can be consented to
3
Q
Whose view matters for consent?
A
- victim consented
- D thought V consented
(Chuck off balcony)
4
Q
What crimes can consent apply to?
A
General rule, only assault and battery.
BUT
Can apply to ABH where:
- intended to commit battery with consent of V
- did not see risk of ABH
5
Q
What are the exceptions to consent for ABH and above?
A
- medical treatment
- tattoo etc.
- sport (heat of game)
- horseplay (balcony)
- lawful correction of child
- sex (not anymore)
