Karteikarten

5|Law 03 - Consent to Non-Fatal Offences

katy stopforth Law A-Level Englisch 3 Karten

Karten in diesem Stapel (3)

1General Rule to ConsentYou can't consent to any level of harm which would cause injury.
Consent must be true/informed
Tabassum (pretended he was a doctor)
V must know what they are consenting to
Dica (inflicted HIV)
2Exceptions to the General Rule Intentional InjuryV can consent to intentional injury in the course of:
Reasonable Surgical Treatment
Ritual Male Circumcision
Re; J (parents can consent on behalf of the child)
Tattooing
Ear Piercing
3Exceptions to the General Rule Accidental InjuryProperly Conducted Sports
Barnes (leg injury during football match)
- Intentional Injury will always be criminal.
- Reckless Injury will be criminal if committed when play had ceased.
- ‘Off the ball’ injuries are more likely to be criminal.
- If the contact goes beyond what is allowed with the rules of a game then it cannot be implied.
Rough and Undisciplined Play
Jones (throwing boys up in the air)
R v Aitken (RAF officers set Vs fire resistant suit covered in white spirit on fire – did D consent?)
Sexual Activity
Brown (Lord Templeman – “Society is entitled and bound to protect itself against a cult of violence)
Wilson (husband branded wife)
Arranged Fights
AG Ref (no.6 of 1980) (cannot consent to an arranged fight – not in the public interest)