Defences: Consent Flashcards
What type of defence is consent?
A full defence.
What is the result of a successful use of this defence?
An acquittal.
Who is the burden of proof on?
The prosecution.
What does the prosecution have to prove?
They did not consent to the injury.
What did AG Ref state?
It is not in the public interest to cause ABH/GBH to each other unless it is a recognised excpetion.
What was held in R v Billinghurst?
If V was injured playing a sport, the injury must be within the rules of the game.
What is the law regarding consenting to surgery?
A person can consent if they are Gillick competent.
What is meant by Gillick competent?
A child under 16 can consent to their own treatment if they have:
- Enough intelligence.
- Competence.
- Understanding to fully appreciate what’s involved in their treatment.
What was held in R v Dica?
Consent must be valid and true.
What was held in R v Olugboja?
Consent through fear is not consent.
What was held in R v Pretty?
You cannot consent to death.
What was held in R v Aitken?
You can consent to horseplay.
What was held in R v Brown?
Consent is not a defence to ABH/GBH unless it’s a recognised exception.
