Defences - Consent

Question 1

Burrell v Harmer

Answer 1

consent can be vitiated by youth

Question 2

Howard

Answer 2

consent can be vitiated by mental incapacity

Question 3

Gillick

Answer 3

sufficient mental maturity and a sound understanding means consent can sometimes be given, even by a child

Question 4

Tabassum

Answer 4

consent can be vitiated by fraud as to the nature/quality of the act, or the identity of the defendant

Question 5

Dica (Consent)

Answer 5

consent can be vitiated where V was not aware of the additional risks of an act, even if they were aware of the ordinary risks

Question 6

Donovan/Brown

Answer 6

consent will only operate as a defence for less than significant injury

Question 7

Pretty v DPP

Answer 7

one cannot consent to death

Question 8

Wilson

Answer 8

body adornment is an exception to the rule on level of injury

Question 9

Barnes

Answer 9

contact sports are an exception to the rule on level of injury

Question 10

Jones/Aitkin

Answer 10

rough horseplay is an exception to the rule on level of injury

Question 11

AG Ref No.6 1980

Answer 11

there can be an exception to the rule where behaviour has a social benefit