Fichas
Consent Evaluation
Fichas del conjunto (12)
- 1General ruleAvailable for battery but not available where serious harm caused: AG REF (no.6 of 1980)(1981)
- 2General rule (However...)... that case also had down a number of exceptions, and this was added to it in BROWN. This includes contact sports and horseplay
- 3General rule (Unfortunately...)... there is little consistency regarding what conduct should be on the list of exceptions
- 4General rule (For example...)... it was not allowed in BROWN where the harm was not serious, but allowed in JONES which involved serious injuries
- 5General ruleThis would appear to conflict with the public policy of protecting people from serious harm
- 6Possible judicial biasComparing the cases of BROWN and WILSON has led to claims off bias against homosexuals
- 7Possible judicial bias (This is because...)... the heterosexual defendant in WILSON was allowed the defence but the homosexuals in BROWN weren't
- 8Possible judicial bias (However...)... the conviction of D in EMMET for consensual heterosexual sadomasochism suggests that no bias exists
- 9Possible judicial bias (It would seem, therefore...)... that the courts disapprove of pain for pleasure but will accept it if there is another purpose, such as 'personal adornment' as in WILSON
- 10Public policy issuesThe defendant has to balance the conflicting aims of allowing personal autonomy whilst preventing harm
- 11Public policy issues (To do this...)... the courts claim to weight the social value of the activity against the possible degree of harm caused.
- 12Public policy issues (This is why...)... consent is a defence in relation to contact sports - the possible harm is outweighed by the health and social benefits
Información
- Descripción
- A level (Evaluations) Law Fichas sobre Consent Evaluation, creado por Millie Rodgers el 03/06/2017.
- Creado por
- Millie Rodgers
- Visitas
- 4
- Valoración