Test Flashcards
Intro
Was created within common law. In certain situation, V can give permission to an act that would otherwise amount to an offence against a person. Consent is a complete defence.
Valid Consent
Any consent must be valid which means the V must have legal capacity.
A person does not have legal capacity
Mind is impaired / disturbed
Mental health
Intoxication
Severe learning disabilities
Those underage
Burrell V Harmer
Too young to give valid consent as they do not have legal capacity.
True consent
Fraud can negate consent if the V does not know the identity of D or the nature and quality of the D’s act cannot be known.
Tabassum
There is no true consent as he lied about his identity.
Dica
D was found guilty of s.20 GBH as the women were unaware about the quality of the act.
AO3 restrict criteria for valid consent
P- postive as it takes into account the person’s mental health and wellbeing
Dp - also with the nature and quality it is important that a person knows exactly what they are consenting to including all risks
Wdp - judge have added this as an extra element and it has created more uncertainty as what other disease could be included.