General Defences Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is consent?

A

Common law defence- and prevents the defendant from incurring liability for what was done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What offences can consent be an offence for ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the first thing D must prove for consent

A

Consent must be real- affected by identity and non disclosure of D R v Tabassum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the law regarding age and consent

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the law regarding consent and transmission of disease

A

Rv Dica D had consented sex but V did not consent to HIV

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is law regarding mistaken belief and consent

A

Where D genuinley believes V is consenting he can still use the defnce R v Aitken

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the General rule

A

You cannot consent to injury Attorney General ref No6 1980

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the exceptions to this rule

A
  1. Properly conducted games and sport- R v Barnes
  2. Tattooing and body piercing R v Wilson
  3. Horseplay -rough boistrous behaviour Rv Jones
  4. Reasonable surgical interference R v Blaue
How well did you know this?
1
Not at all
2
3
4
5
Perfectly