Introduction/Evaluation Flashcards
What type of offences is the defence of consent most relevant to?
Non-fatal offences
What type of offence does not permit the defence of consent?
Murder
What is euthanasia in the eyes of the law?
Murder
Can a person consent to euthanasia?
No, because in English law it is deemed as murder
What case happened in 2002?
Pretty v DPP
In what year was the case of Pretty v DPP?
2002
What is the case of Pretty v DPP (2002) relevant to?
That you cannot consent to your own death
What case is relevant to euthanasia?
Pretty v DPP (2002)
What happened in the case of Pretty v DPP (2002)?
Pretty had motor neurone disease and wanted to be euthanised. She took her case to the European court of human rights claiming someone being unable to assist her suicide was against her human rights.
What was the outcome of Pretty v DPP (2002)?
The European court of human rights dismissed her appeal on all counts.
Can a person refuse to consent to their own medical treatment?
Yes
Can a person consent to a certain degree of injury?
Yes
What is the legal stance on someone consenting to a certain degree of injury?
That a victim can consent to a certain degree of injury as individuals should be free to decide what to do. However, there are limitations to this for public policy reasons.
What did Lord Lane say in the case of Attorney-Generals Reference (No 6 of 1980) (1981)?
‘It is not in public interest that people should try to cause each other bodily harm for no good reason’
In what case was ‘it is not in the public interest that people should try to cause each other bodily harm for no good reason’ said? By whom?
Lord Lane in Attorney-Generals Reference (No 6 of 1980) (1981)
What case happened in 1981?
Attorney-Generals Reference (No 6 of 1980) (1981)
In what year was Attorney-Generals Reference (No 6 of 1980)?
1981
What is the case of Attorney-Generals Reference (No 6 of 1980) (1981) relevant to?
Lord Lane establishing the stance on how a victim can consent to a degree of injury - ‘it is not in the public interest that people should try to cause each other bodily harm for no good reason’
What case is relevant to a victim being able to consent to a certain degree of injury?
Attorney-Generals Reference (No 6 of 1980) (1981)
What type of defence is the defence of consent?
A general defence but it is most relevant to non-fatal offences
What is it called when consent is given?
Real consent
For there to be real consent what must have happened?
The victim must have understood what they are consenting to
What types of people is the issue of real consent most relevant to?
Children and people with mental disabilities
What case is relevant to real consent?
Burrell v Harmer (1967)
What is the case of Burrell v Harmer (1967) relevant to?
Real consent
What case happened in 1967?
Burrell v Harmer (1967)
In what year was the case of Burrell v Harmer?
1967
What happened in the case of Burrell v Harmer (1967)?
The defendant tattooed two boys aged 12 and 13, there arms became inflamed and painful
What was the outcome of Burrell v Harmer (1967)?
The defendant was convicted of ABH and his defence of consent was rejected as the divisional court said they did not understand the nature of the act and the risks and pain involved.
Briefly, what are the evaluation points?
Sexual activity
Horseplay/bullying
Inconsistent
Euthanasia
Explain the ‘sexual activity’ evaluation point…
The cases of Brown and Wilson contrasting led to controversy because it was thought courts should not be responsible for policing sexual relations between consenting adults. It was argued this a breach of human rights, specifically article 8, right to private and family life.
Explain the horseplay evaluation point…
Horseplay may be seen as bully or actually bullying and children are getting away with vicious behaviour but the courts avoid unnecessarily sanctioning children.
Explain the law being inconsistent…
Consent is refused for types of sexual behaviour such as Brown but is allowed in horseplay when serious injury can bs caused
Explain the euthanasia evaluation point…
Many people would like to see the law reformed in favour of euthanasia and assisted suicide as they consider it unfair people should live in pain.
