General Defences Flashcards
What is consent?
Common law defence- and prevents the defendant from incurring liability for what was done
What offences can consent be an offence for ?
May be defence to some non fatal offences.
Consent makes a battery lawful (implied to to everyday jostling) Wilson v Pringle
ABH or GBH not usually defence unless exception applies or good reason AG ref No6 1980
Murder never a defence- R v Pretty
What is the first thing D must prove for consent
Consent must be real- affected by identity and non disclosure of D R v Tabassum
What is the law regarding age and consent
Age of consent to medical treatment is 16 but if believed to have enough intelligence and competance they can Gillick
Age of consent consent to sexual activity is 16
Piercings - 16 if accompanied with parent also requires written consent from parent
Tattoo- 18 but can be lower for medical reasons by qualified medical practitioner Burrell v Harmer
What is the law regarding consent and transmission of disease
Rv Dica D had consented sex but V did not consent to HIV
What is law regarding mistaken belief and consent
Where D genuinley believes V is consenting he can still use the defnce R v Aitken
What is the General rule
You cannot consent to injury Attorney General ref No6 1980
What are the exceptions to this rule
- Properly conducted games and sport- R v Barnes
- Tattooing and body piercing R v Wilson
- Horseplay -rough boistrous behaviour Rv Jones
- Reasonable surgical interference R v Blaue