5|Law 03 - Consent to Non-Fatal Offences

katy stopforth
Flashcards by katy stopforth, updated more than 1 year ago
katy stopforth
Created by katy stopforth about 5 years ago


Law 03 - Consent to Non-Fatal Offences

Resource summary

Question Answer
General Rule to Consent You can't consent to any level of harm which would cause injury. Consent must be true/informed Tabassum (pretended he was a doctor) V must know what they are consenting to Dica (inflicted HIV)
Exceptions to the General Rule Intentional Injury V can consent to intentional injury in the course of: Reasonable Surgical Treatment Ritual Male Circumcision Re; J (parents can consent on behalf of the child) Tattooing Ear Piercing
Exceptions to the General Rule Accidental Injury Properly Conducted Sports Barnes (leg injury during football match) - Intentional Injury will always be criminal. - Reckless Injury will be criminal if committed when play had ceased. - ‘Off the ball’ injuries are more likely to be criminal. - If the contact goes beyond what is allowed with the rules of a game then it cannot be implied. Rough and Undisciplined Play Jones (throwing boys up in the air) R v Aitken (RAF officers set Vs fire resistant suit covered in white spirit on fire – did D consent?) Sexual Activity Brown (Lord Templeman – “Society is entitled and bound to protect itself against a cult of violence) Wilson (husband branded wife) Arranged Fights AG Ref (no.6 of 1980) (cannot consent to an arranged fight – not in the public interest)
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