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Criminal law > Defence of Consent > Flashcards

Defence of Consent Flashcards

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1
Q

What is the defence of consent?

A

A genuine and positive belief that V agreed by choice to the D’s actions

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2
Q

What must consent be?

A
  • real
  • a choice
  • for a good reason
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3
Q

There must be no confusion about what?

A
  • the nature of the act
  • the identity of the person
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4
Q

Melin 2019

A

There can be no deception made by D about his identity or qualifications

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5
Q

There can be no deception made by D about his identity or qualifications

A

Melin 2019

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6
Q

consent is not real if there is deception about the health of D

A

Dica 2004

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7
Q

Dica 2004

A

consent is not real if there is deception about the health of D

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8
Q

Richardson 1998

A

deception about the legal right to practise does not always vitiate consent

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9
Q

deception about the legal right to practise does not always vitiate consent

A

Richardson 1998

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10
Q

Aitken 1992

A

a mistaken belief in consent can still be a defence

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11
Q

a mistaken belief in consent can still be a defence

A

Aitken 1992

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12
Q

Olugboja 1982

A

Consent is invalid if V submitted out of fear rather than choice

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13
Q

Consent is invalid if V submitted out of fear rather than choice

A

Olugboja 1982

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14
Q

Brown 1994

A

Consent to perform a violent act is invalid

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15
Q

Consent to perform a violent act is invalid

A

Brown 1994

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16
Q

Consent is genuine if…

A
  • V understands the nature of the act
  • there is no deception about health, identity or qualifications
17
Q

V must understand the nature of the act

A

Burrell v Harmer

18
Q

Burrell v Harmer

A

V must understand the nature of the act

19
Q

Consent is implied for horseplay

A

Jones 1987

20
Q

Jones 1987

A

Consent is implied for horseplay

21
Q

Barnes 2004

A

Consent is implied for sports

22
Q

Consent is implied for sports

A

Barnes 2004

23
Q

Wilson v Pringle

A

Ordinary ‘jostlings’ of everyday life were not battery

24
Q

Ordinary ‘jostlings’ of everyday life were not battery

A

Wilson v Pringle

25
Q

AG Ref (No 6 of 1980) 1981

A

Consent is not a defence to fighting that is not in the public interest

26
Q

Consent is not a defence to fighting that is not in the public interest

A

AG Ref (No 6 of 1980) 1981

Criminal law (19 decks)

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