Test

Question 1

Intro

Answer 1

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.

Question 2

Valid Consent

Answer 2

Any consent must be valid which means the V must have legal capacity.

Question 3

A person does not have legal capacity

Answer 3

Mind is impaired / disturbed
Mental health
Intoxication
Severe learning disabilities
Those underage

Question 4

Burrell V Harmer

Answer 4

Too young to give valid consent as they do not have legal capacity.

Question 5

True consent

Answer 5

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.

Question 6

Tabassum

Answer 6

There is no true consent as he lied about his identity.

Question 7

Dica

Answer 7

D was found guilty of s.20 GBH as the women were unaware about the quality of the act.

Question 8

AO3 restrict criteria for valid consent

Answer 8

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.