General Defences: Consent Flashcards
Can v consent to common assault?
Yes
What is the case authority that says v can consent to common assault?
R v Slingsby
Can v generally consent to ABH?
No
Why can’t v typically consent to ABH?
It is not in public interest that people should harm one another
Which case says that v cannot generally consent to ABH?
Attorney General’s reference (No 6 of 1980)
Can v generally consent to S20 GBH/wounding?
No
Why can’t v typically consent to S20 GBH/wounding?
Not in public interest that people should cause injury for no reason
Which case says that v cannot generally consent to S20 GBH/wounding?
R v Brown and others
Can v consent to murder or S18?
No, these offences can never be consented to
Which case says that v cannot consent to murder?
Pretty v UK
Which case says that v cannot consent to S18?
R v Leach
What are the 5 exceptions to the general rule on S47 and S20 crimes?
Sports, horseplay, tattooing/branding/piercing, Surgery, Dangerous exhibitions
Which case outlines sport as an exception to the law?
Barnes
What does conduct have to be for the consent defence to fail under the exception of sport?
Criminal
Under what circumstances will consent fail under the exception of sport?
Intentional infliction of injury
‘Off the ball’ injury
Under what circumstances can D use the exception of horseplay to the general rule of S47 and S20 consent?
If D believes that there is consent, this can work as long as there was no intention to cause injury
Which case outlines the exception of horseplay?
Jones
Which cases says that even if D makes a drunken mistake about V’s consent, it can still work? (Horseplay)
Aitken
In what case was branding likened to tattooing?
Wilson
What is the general rule on tattooing?
That it is lawful
Why was branding allowed in the case of Wilson?
As it was requested by v and they were a married couple and was therefore consensual
Give an example of ‘surgery’ that would be lawful
Giving blood
Operations
Tooth extraction
Give an example of ‘dangerous exhibitions’ that would be lawful
Acrobatics
Sword eating
Lion taming
Knife throwing
What are the 4 types of consent?
Capacity to consent
Informed consent
Genuine consent
Implied consent
What does ‘capacity to consent’ mean?
That v must have the capability to understand what they’re agreeing to
What case outlines ‘capacity to consent’?
The case of Gillick
In terms of ‘capacity to consent’, what in a scenario might suggest that v did not have capacity to consent?
Age, mental illness, drunkenness
What does ‘informed consent’ mean?
That v is aware of the risks and consequences of D’s conduct
Which case outlines informed consent?
Dica
What does ‘genuine consent’ mean?
That v must understand the true nature of D’s conduct
Which 2 cases outline genuine consent?
Tabassum, McNally
Which case outlines implied consent?
Wilson v Pringle
Give some ‘ordinary jostling’ situations where V can give implied consent
Contact sport
Crowded tube
Busy shopping centres
