When will consent be available? Flashcards

1
Q

what offences is consent linked closely with

A

non-fatal offences against the person which have been committed against a willing D

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2
Q

Who must raise the defence

A

D

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3
Q

Who is the burden on to disprove the defence

A

The prosecution beyond reasonable doubt

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4
Q

Which NFO can consent not be a defence to

A

s.18 OAPA

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5
Q

Which NFO is the use restricted for

A

s.47 and s.20 OAPA

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6
Q

Which NFO is consent readily available for

A

battery

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7
Q

which offence can consent never be a defence for

A

Murder

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8
Q

Which case indicated it could not be a defence to murder as no one can consent to being killed therefore euthanasia is a criminal offence

A

Pretty V DPP

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9
Q

Although consent is not available to murder it may be allowed for which offence

A

Involuntary manslaughter

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10
Q

Case where a defence of consent was allowed for CM

A

Slingsby - Sexual activity with D, which she consented to. His signet ring caused blood poisoning from which she died. NO evidence that either had contemplated any ABH and no battery so no unlawful act therefore no constructive manslaughter

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