When will consent be available? Flashcards
what offences is consent linked closely with
non-fatal offences against the person which have been committed against a willing D
Who must raise the defence
D
Who is the burden on to disprove the defence
The prosecution beyond reasonable doubt
Which NFO can consent not be a defence to
s.18 OAPA
Which NFO is the use restricted for
s.47 and s.20 OAPA
Which NFO is consent readily available for
battery
which offence can consent never be a defence for
Murder
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
Pretty V DPP
Although consent is not available to murder it may be allowed for which offence
Involuntary manslaughter
Case where a defence of consent was allowed for CM
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