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.
AG Ref 1980, the case study for consent, has the D and V consent to a fight against one another. Why was consent denied from D?
This case decided that V could not consent to ABH or GBH (unless it is a recognised exception), as it was not in the public interest.
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?
Valid consent is when the V is aware of the nature of what they are consenting to.
What happened in the case of Tabassum (Consent)?
T set up a breast screening clinic in a van in an Asda car park. He persuaded women to allow him to measure their breasts for medical research. The women had not given valid consent as he did not actually research anything.
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 happened to Dianne Pretty (Consent)?
Pretty suffered from a rare condition known as motor neurone disease, which caused total paralysis and made her in constant pain. At her request, her husband sought and undertaking from the DPP that he would not be held liable in assisting her suicide (s2(1) Suicide Act 1961); however, the DPP refused to give it, as it would be legalising euthanasia.
Precedent: you cannot consent to death.
The case of Bree is dissenting of the defence of consent. What are its facts?
D raped V, who was extremely drunk at the time of intercourse. D’s conviction was quashed on appeal.
TRUE OR FALSE: The courts are extremely harsh against those who injure others in horseplay.
False. D even has a defence if he mistakenly believes V has consented to the horseplay (Jones).
What happened in the case of Jones (Consent)?
2 boys were thrown into the air and seriously injured by Ds. Ds claimed they thought the Vs were consenting; court quashed convictions, even though horseplay is not a recognised exception.
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.
