1841223
Description
Flashcards by abigail_rose, updated more than 1 year ago
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Created by abigail_rose
over 9 years ago
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| 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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