Flashcards

Consent

James Tucker Law A2 English 6 cards

Cards in this deck (6)

1ConsentThe defence of consent may operate to defeat an element of the AR of an offence, and thus render an action lawful as opposed to unlawful.
2The basic ruleThe basic rule is that you may consent to assault or battery, but not to further harm (Brown - S20 and S47).
3Consent must be... (First 3 things)Genuine consent - Consent to both the nature and quality of the act - Burrell v Harmer.
Positive consent - Saying 'no' or nothing is not consent and fear does not make the consent real - Olugboja.
Medical consent is not consent to indecent behaviour - Tabassum.
4Consent must be... (Last thing)Consent must be informed (Dica).
However, implied consent will exist in properly conducted sports and games.
Barnes - Inside the rules
Billingurst - Outside the rules
5Public policy exceptionsHorseplay (Jones).
Body Adornment (Wilson).
Mistaken Belief (Aitken).
Drunken Mistake (Richardson and Irwin).
6What can't you consent to?Death - Petty, Airedale NHS Trust v Bland.

Description: A2 Law Flashcards on Consent, created by James Tucker on 07/06/2018.
Created by: James Tucker
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