General Defences: Consent

Question 1

Can v consent to common assault?

Answer 1

Yes

Question 2

What is the case authority that says v can consent to common assault?

Answer 2

R v Slingsby

Question 3

Can v generally consent to ABH?

Answer 3

No

Question 4

Why can’t v typically consent to ABH?

Answer 4

It is not in public interest that people should harm one another

Question 5

Which case says that v cannot generally consent to ABH?

Answer 5

Attorney General’s reference (No 6 of 1980)

Question 6

Can v generally consent to S20 GBH/wounding?

Answer 6

No

Question 7

Why can’t v typically consent to S20 GBH/wounding?

Answer 7

Not in public interest that people should cause injury for no reason

Question 8

Which case says that v cannot generally consent to S20 GBH/wounding?

Answer 8

R v Brown and others

Question 9

Can v consent to murder or S18?

Answer 9

No, these offences can never be consented to

Question 10

Which case says that v cannot consent to murder?

Answer 10

Pretty v UK

Question 11

Which case says that v cannot consent to S18?

Answer 11

R v Leach

Question 12

What are the 5 exceptions to the general rule on S47 and S20 crimes?

Answer 12

Sports, horseplay, tattooing/branding/piercing, Surgery, Dangerous exhibitions

Question 13

Which case outlines sport as an exception to the law?

Answer 13

Barnes

Question 14

What does conduct have to be for the consent defence to fail under the exception of sport?

Answer 14

Criminal

Question 15

Under what circumstances will consent fail under the exception of sport?

Answer 15

Intentional infliction of injury

‘Off the ball’ injury

Question 16

Under what circumstances can D use the exception of horseplay to the general rule of S47 and S20 consent?

Answer 16

If D believes that there is consent, this can work as long as there was no intention to cause injury

Question 17

Which case outlines the exception of horseplay?

Answer 17

Jones

Question 18

Which cases says that even if D makes a drunken mistake about V’s consent, it can still work? (Horseplay)

Answer 18

Aitken

Question 19

In what case was branding likened to tattooing?

Answer 19

Wilson

Question 20

What is the general rule on tattooing?

Answer 20

That it is lawful

Question 21

Why was branding allowed in the case of Wilson?

Answer 21

As it was requested by v and they were a married couple and was therefore consensual

Question 22

Give an example of ‘surgery’ that would be lawful

Answer 22

Giving blood
Operations
Tooth extraction

Question 23

Give an example of ‘dangerous exhibitions’ that would be lawful

Answer 23

Acrobatics
Sword eating
Lion taming
Knife throwing

Question 24

What are the 4 types of consent?

Answer 24

Capacity to consent
Informed consent
Genuine consent
Implied consent

Question 25

What does 'capacity to consent' mean?

Answer 25

That v must have the capability to understand what they're agreeing to

Question 26

What case outlines 'capacity to consent'?

Answer 26

The case of Gillick

Question 27

In terms of 'capacity to consent', what in a scenario might suggest that v did not have capacity to consent?

Answer 27

Age, mental illness, drunkenness

Question 28

What does 'informed consent' mean?

Answer 28

That v is aware of the risks and consequences of D's conduct

Question 29

Which case outlines informed consent?

Answer 29

Dica

Question 30

What does 'genuine consent' mean?

Answer 30

That v must understand the true nature of D's conduct

Question 31

Which 2 cases outline genuine consent?

Answer 31

Tabassum, McNally

Question 32

Which case outlines implied consent?

Answer 32

Wilson v Pringle

Question 33

Give some 'ordinary jostling' situations where V can give implied consent

Answer 33

Contact sport Crowded tube Busy shopping centres