Paper 1.12 - Consent Flashcards
Who is the defence of consent intended for?
Consent is intended for Ds whose victims of the crime grant permission for the defendant to ‘wrong’ them.
Is consent a full or partial defence, and is it statutory or common law?
Full defence; common law.
What key link is there between consent and ABH/GBH and what case defines this?
You cannot consent to ABH/ GBH unless it is a recognised exception.
AG Ref - it is not in the public’s interest to allow people to consent to serious harm.
It is impossible to consent to ABH or GBH without a recognised exception. Name three recognised exceptions.
Sports.
Tattoos.
Surgery.
V can consent to ABH or GBH as long as it is within the rules of a sport; what two cases define how this rule works?
Barnes
D made a late tackle in a football match, causing V a serious leg injury. D’s conviction was quashed as it was not deemed criminal.
Billinghurst
D punched V in the middle of a rugby game. However, punching is not within the rules of rugby so D was convicted.
What is implied consent and what case defined it?
Ordinary ‘jostlings’ ie being in a tight public space are not battery because V gives implied consent.
Wilson v Pringle.
V can consent to ABH or GBH if it is part of a surgery; name the two cases which dictate how this rule works.
Gillick
G took doctors to court claiming they were breaking the law by giving children the pill. It was decided that you can consent to medical treatment if you were Gillick competent - you understand what the treatment entails
Richardson
D, a suspended dentist, gave six Vs dental procedures leading to ABH charges, because she failed to disclose her suspension. However, CoA ruled that the patients consented to dental treatment, not necessarily from a registered dentist, so D was not guilty.
What is valid consent? What is a case example of this?
Valid consent is when the V is aware of the nature of what they are consenting to (Tabassum) and they are not consenting through fear (Olugboja).
What happened in the case of Olugboja (Consent)?
V had seen her friend get raped by D and was so frightened, she allowed D to have sex with her; her consent was not valid so there was no defence of consent for D.
What two things can V never consent to? Name a case for each.
Death (Pretty - motor neurone patient applies for euthanasia).
Harmful sexual activity (Brown; though it was allowed in Wilson).
If V is seriously injured during horseplay, does D have the defence of consent? What is a case study of this?
Yes (although there are conflicting precedents).
Aitken - RAF officer burnt by colleagues, D’s GBH conviction was quashed as jury were not allowed to debate V’s consent.
Does D have the defence of consent if they make a mistake regarding V’s consent?
Yes (although there are conflicting precedents).
Jones - boys seriously injured another in horseplay, not guilty.
What happened in the case of Aitken (Consent)?
RAF officers poured white spirit all over a colleague in a flame resistant suit and ignited him. This resulted in GBH to V. The s20 GBH convictions were quashed as the trial judge did not allow the issue of V’s consent to go to jury.
Which case decides that it is impossible to consent to harmful sexual activity? Which Act ratified this?
Brown
Domestic Abuse Act 2021
A Law Commission report on the defence of consent suggested to ‘you cannot consent to ABH/GBH’ to what?
You can consent to injury but not serious injury.
