the defence of consent Flashcards
what can consent be a defence to
all non fatal offences against the person
which case states that it may be a defence to unlawful act manslaughter
slingsby
which case states that consent is never a defence to deliberate killing
PRETTY V DPP
who is the burden on when d raises this defence
the prosecution to disprove beyond reasonable doubt
express consent
where V clearly says that they’re willing to consent to a potential injury
where can implied consent be inferred
from Vs actions or a particular situation, so that d does not commit a battery
why is implied consent necessary
for society to be able to function
what is implied consent given to
the ordinary jostlings of everyday life: COLLINS V WILCOCK
what do players give in contact sports
implied consent to contact which is part of that sport
what does whether the defence is allowed depend on
the level of injury
why is consent readily available for assault and battery
no injury is caused
what does it mean that consent is not a defence where there is an injury
not a defence to ABH or above in severity
ATTORNEY GENERALS REFERENCE NO 6 1980-81
following acquittals for ABH, C/A held that in future consent would not be available in such circumstances because it was not in the public interest that people should intend to cause each other ABH for no good reason (teenage boys fighting in street)
public policy exceptions where consent is a defence even where injury is caused
- properly conducted games and sports-BARNES
- reasonable medical treatment
- tattooing and body piercing- WILSON
- horseplay- JONES
- dangerous exhibitions
when is it possible for an offence to be committed in contact sports
if the contact between players is sufficiently serious- BARNES
BARNES
- C/A said it is not generally appropriate to bring criminal proceedings in such cases, unless d has gone beyond what V could reasonably be regarded as having consented to by taking part in the sport
- if injury is inflicted intentionally the defence will fail
when can medical staff rely on implied consent to avoid criminal liability
where surgery is necessary but a patient is unconscious and consent cannot be obtained from a relative
why can people consent to tattooing and body piercing
its accepted as body adornment- WILSON
WILSON
- C/A held that branding was body adornment, like a tattoo
- no aggressive intent on Ds part so it was not in the public interest that such consensual behaviour between husband and wife should be criminalised
JONES AND OTHERS
- horseplay
- a genuine mistaken belief in consent to horseplay could be a defence, even if that belief was unreasonable
- CA quashed their convictions for s20
when will the courts not recognise consent if D deliberately inflicts injury
for sexual gratification eg. sadomasochism
BROWN AND OTHERS
brown and others
- 5 homosexual men in group of sadomasochists convicted of offences under s47 and s20
- in private, no complaints to police, no permanent injury
- convictions upheld by majority judges in H/L- WILSON??
what must v be to be legally capable of giving valid consent
mentally capable and usually not a child
what did the house of lords decide in Gillick
even a child can consent to medical treatment, provided they have the necessary maturity and sound understanding to do so
what further restriction on consent have the courts developed
true consent
what must v understand to give true consent
the nature of ds act BURRELL V HARMER
BURRELL V HARMER
- no valid consent because vs were only children
- no true consent because boys didn’t understand nature of act- level of pain involved
when will there not be true consent
where d deceives d as to their identity or the nature and quality of the act- TABBASUM/RICHARDSON
TABASSUM
- vs were consenting to touching for medical purposes only
- consent as to nature of the act however ds deceit as to the quality of his act meant there was no true consent
