Consent

Consent

1. Consent

   • the case of R v Pretty said that 'Consent is not a defence to murder or euthanasia.'
   • The case of R v Brown said 'You can't consent to anything above an assault or battery.'
     • The exceptions for these are; Properly conducted games and sports. Reasonable surgical interference.Dangerous exhibitions, e.g. tattoos and piercings. Horseplay.
       • When in sport, is consent valid? Where the event is being properly conducted and supervised within the rules and regulations.
       • A key case for consent in sports is Barnes: where conduct goes beyond the rules and regulations, there is the potential for criminal liability.
       • What makes an act unlawful in sport and which case outlines this? R v Bradshaw: - The type and rules of the sport. - The level at which it was played. - Nature of the act. - Degree of force used. - Extent of risk of injury. - State of mind of the defendant (MR).
   • What was said in Collins v Willcock?
     • Lord Goff: "most physical contracts of ordinary life are not actionable because they are impliedly consented to be all who move in society."
       • Brown established; Lord Mustill: "the law does not concern itself with these activities, provided at they do not go too far."
         • When will the law intervene when it comes to sexual activities?When there is "extreme" sexual activities as seen in the case of Brown.
           • What does Burrell v Harmer say about genuine/informed consent?"age in itself does not mean there is no consent, but the failure to appreciate the nature of the act does form the basis of a lack of consent."
   • Wilson v Pringle said that 'Consent can be implied to "joslings" of everyday life.'
     • Tattooing and piercing is allowed but is regulated by Acts of Parliament such as the Tattooing of Minors Act 1969.
       • What is the consent was obtained by fraud?Tabassum: no consent if not true consent.

2. What did Konzani establish? They stated that if you knew that the defendant had a disease and accepted this, then the defendant is not guilty. However, where the victim did not know and would not have consented, then the defendant is guilty.

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