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Consent Essay (AO1) & Case Cards
Fichas del conjunto (29)
- 1ConsentPotentially valid defence to all NFO's
Prosecution must prove a lack of consent
V must know there is a real risk of injury - 2Genuine ConsentV must know the nature & quality of the AR they're about to undertake
Can't consent: those under duress, victims of crime, young/mentally disabled - 3Burrell V HarmerV's had arms tattooed and D charged with 2 counts of S.47 ABH
No consent - the boys didn’t understand the level of pain involved so D liable - 4Brown & Others' RulingPeople can consent to assault & battery but not ABH or GBH unless a recognised exception applies
The courts look at the social utility to decide this - 51. Organised/Contact Sports -Boxing-Valid consent is held under the Queensbury Rules
Attorney General's Reference - COA held the fight between the D & V was unlawful as it was outside of the QBR so consent didn't work
- 61. Organised/Contact Sports -On/Off-The Ball Incidents-On-The-Ball: happen within the rules of the game, consent may work
Barnes: conviction of S.20 GBH quashed as his fair late tackle was accidental & within the rules of the game so consent worked - 71. Organised/Contact Sports -On/Off-The Ball Incidents-Off-The-Ball: no different to normal assaults so consent won't work!
Billinghurst - liable for S.20 GBH after punching opposing player as it was outside the rules of the game so consent didn't work - 8Tattooing & BrandingMajority of Law Lords in Brown held consent is a valid defence in these cases
- 9WilsonD's conviction of S.47 ABH quashed after branding his initials on his wife's bum
COA held consent was valid in this situation
- 10Sexual Activity Inadvertent ViolenceConsent will be valid if injuries were inadvertent and the V gave full consent
- 11SlingsbyD penetrated V internally who suffered cuts from his ring and died after developing blood poisoning
D wasn’t guilty of UAM as the V had consented to the battery
- 12Sexual ActivityThe law doesn’t tolerate deliberate infliction of injury for sexual gratification - consent won’t work
- 13Brown & OthersD belonged to a group who would inflict acts of violence on each other for sexual pleasure in private
All guilty of S.47 ABH and S.20 Wounding - HOL held consent isn't valid - 14EmmettD convicted of 2 counts of S.47 ABH after pouring lighter fluid over his partner’s breasts and setting them alight for sexual gratification
Judge applied the Brown ruling - 15HorseplaySociety accepts community life may involve a risk of deliberate physical contact so consent is a good defence to horseplay
- 16JonesD's tossed kids in the air & failed to catch them, causing injuries
Consent was valid - they didn't intend harm - 17AitkenRAF officers set fire to V’s fire resistant jacket
D’s conviction for GBH was quashed - consent succeeded as he didn’t intend harm
- 186. SurgeryWith any reasonable surgical interference there is no issue of consent
- 197. Lawful ChastisementParents are able to use reasonable force to chastise their child
- 20FraudNegates consent where the fraud relates to:
D’s identity, or
The nature and quality of their act - 21RichardsonConvicted of 6 counts of S.47 ABH for continuing to practice after being suspended
Conviction quashed on appeal - no mistake to her identity or nature/quality of her acts
- 22TabassumD examined the breasts of 3 women & had no medical training
Conviction upheld - deceived as to the nature of the D’s acts
- 23Informed ConsentThe V must know what they are consenting to for it to be valid
- 24ClarenceD didn’t inform wife he had gonorrhoea and his conviction for S.20 GBH was quashed - consent was valid
- 25DicaD didn’t inform women he was HIV positive and infected them – he was guilty of S.20 GBH
- 26MistakeAn honest belief that the V was consenting will be a good enough defence
- 27EuthanasiaNobody can consent to their own death
Killing a terminally ill person is murder
Helping someone die is assisted suicide - 28PrettyD suffered from motor-neurone disease and wanted to die
HOL held any assistance of her husband would be a criminal offence
- 29REFORMSLC: accept consent is a good defence
Believe the Brown rule should be extended so we can always consent to assault, battery and ABH
Consent shouldn’t be available for horseplay!
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- Fichas sobre Consent Essay (AO1) & Case Cards, creado por abigail_rose el 07/01/2015.
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- abigail_rose
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