Consent Essay (AO1) & Case Cards

Flashcards by abigail_rose, updated more than 1 year ago
Created by abigail_rose over 6 years ago


Flashcards on Consent Essay (AO1) & Case Cards, created by abigail_rose on 01/07/2015.

Resource summary

Question Answer
Consent Potentially valid defence to all NFO's Prosecution must prove a lack of consent V must know there is a real risk of injury
Genuine Consent V 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
Burrell V Harmer V'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
Brown & Others' Ruling People 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
1. 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
1. 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
1. 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
Tattooing & Branding Majority of Law Lords in Brown held consent is a valid defence in these cases
Wilson D's conviction of S.47 ABH quashed after branding his initials on his wife's bum COA held consent was valid in this situation
Sexual Activity Inadvertent Violence Consent will be valid if injuries were inadvertent and the V gave full consent
Slingsby D 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
Sexual Activity The law doesn’t tolerate deliberate infliction of injury for sexual gratification - consent won’t work
Brown & Others D 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
Emmett D 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
Horseplay Society accepts community life may involve a risk of deliberate physical contact so consent is a good defence to horseplay
Jones D's tossed kids in the air & failed to catch them, causing injuries Consent was valid - they didn't intend harm
Aitken RAF officers set fire to V’s fire resistant jacket D’s conviction for GBH was quashed - consent succeeded as he didn’t intend harm
6. Surgery With any reasonable surgical interference there is no issue of consent
7. Lawful Chastisement Parents are able to use reasonable force to chastise their child
Fraud Negates consent where the fraud relates to: D’s identity, or The nature and quality of their act
Richardson Convicted 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
Tabassum D examined the breasts of 3 women & had no medical training Conviction upheld - deceived as to the nature of the D’s acts
Informed Consent The V must know what they are consenting to for it to be valid
Clarence D didn’t inform wife he had gonorrhoea and his conviction for S.20 GBH was quashed - consent was valid
Dica D didn’t inform women he was HIV positive and infected them – he was guilty of S.20 GBH
Mistake An honest belief that the V was consenting will be a good enough defence
Euthanasia Nobody can consent to their own death Killing a terminally ill person is murder Helping someone die is assisted suicide
Pretty D suffered from motor-neurone disease and wanted to die HOL held any assistance of her husband would be a criminal offence
REFORMS LC: 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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