Fichas
Consent Case Law
Fichas del conjunto (16)
- 1DONOVAN 1934Spanking of 17 year old for sexual gratification with consent
Once D raises the defence, the burden of proving lack of consent rests on the prosecution - 2A-G’S REF. (No.6 of 1980) ***Two youths settling arument by fighting
Bloody nose and Bruised Face
Consent not available for fighting
Not in Public interest - 3BURRELL v HARMER *** True consentTattooing 12 & 13 year old boys
Arms swollen and painful
D convicted of ABH
No Valid consent - 4GALLIC v WEST NORFOLK AND WISBECH AHA 1986 ** Reasonable surgical interferenceChildren can consent to medical treatment
If has necessary maturity and understanding
Does not have to be 16 to consent - 5RICHARDSON 1998 ** True ConsentD = suspended dentist
Continued to practice
convicted - 6 accounts of ABH
COA quashed conviction
Patients consented to treatment by her, were not deceived of her identity - 6TABASSUM 2000 *** True ConsentD persuaded women he was doing a breast cancer data base
V's mistakenly believed D had medical qualifications
COA upheld conviction (indecent assault)
V's had not consented to quality of act
No true consent - 7CLARENCE 1888 ** True consentD had sex with wife with STD
passes STD to wife
Convicted- S.47 OAPA 1862
Appeal was quashed
V consented to sex not battery had taken place - 8DICA 2004 *** True ConsentD = HIV positive
Transmitted HIV to 2 women who consented to unprotected sex
V 'would not consent if knew'
COA rejected - consented to unprotected Sex
DOCTRINE OF INFORMED CONSENT CREATED - 9BREE 2007 ** Consent and IntoxicationD - Accused of rape
D claimed 'V (19 year old student) had consented
V- Voluntarily drunk a considerable amount of alcohol & co-operated in taking off clothing & memory was unclear
Conviction quashed -rape
COA - So long as V is not so drink as to be unable to make a choice, drunken consent is still valid - 10JONES AND OTHER 1986 *** HorseplayTwo school boys tossed in the air by older boys
V's suffered serious injury
D"V's consented to horseplay"
COA quashed conviction -S.20 OAPA
Genuine mistake belief to consent of horseplay valid for defence - 11BILLING HURST 1978 ** Properly conducted sports and gamesRugby Match
D punched opposing player in face - off-the-ball
V's jaw fractures
D convicted - S.20 OAPA (malicious GBH)
Use of force outside game rules
V not consented to the punch - 12BARNES 2004 *** Properly conducted sports and gamesD = amateur footballer, injured another player in 'hard tackle'
Conviction quashed - S.20 OAPA
COA- not generally appropriate to bring criminal proceeding in such cases, unless D's gone beyond what V found could have been regarded as having consented to by taking part in game - 13WILSON 1997 *** Tattooing and BrandingD branded initials on V's bum - at her request
V's sought medical help
conviction quashed - ABH
Valid consent present
Branding no more dangerous than tattoo
no aggression on D's part
in public interest that such consensual behaviour between Husband and wife - 14DPP v SMITH 2006 ** HaircutsD assault former partner - cutting of ponytail
Divisional court - cutting of substantial amount of hair is ABH
Court - obiter, if paint or other substance were put on hair would also be ABH - 15AITKEN AND OTHERS 1992 *** HorseplayD poured white spirit over & set alight new RAF officer(wearing fire resistant flying suit)
Causing serious burns GBH
not convicted - horseplay - 16BROWN AND OTHERS 1994 *** Vigorous sexual activityD= homosexual sado-masochistic activity group
Activities carried out in private with passive partner's consent
no complaints or medical attention or no permanent injuries
3:2 HoL - D's conviction of ABH and S.20 upheld
Sado-masicistic activity no in public interest
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- A-Level (Consent) Law Fichas sobre Consent Case Law , creado por sarymazza el 09/03/2016.
- Creado por
- sarymazza · mar 2016
- Actualizado
- 7 abr 2018
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