A2 Law: Defence of Consent

Jessica 'JessieB
Flashcards by Jessica 'JessieB, updated more than 1 year ago
Jessica 'JessieB
Created by Jessica 'JessieB over 7 years ago
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A Levels Law A2 (Cases) Flashcards on A2 Law: Defence of Consent , created by Jessica 'JessieB on 04/29/2014.

Resource summary

Question Answer
Case Facts: Euthanasia won't make the defence available - Pretty v DPP (2002) The defendant had motor neurone disease and wanted her husband to be able to assist her suicide. She took her case to the ECHR, claiming it was against her human rights to not allow the defence (Articles 2,3,8,9)
Case Outcome: Euthanasia won't make the defence available - Pretty v DPP (2002) The ECHR dismissed her appeal on all counts.
Cases Facts: Real consent must be given - Burrel v Harmer (1967) The defendant tattooed two boys aged 12 and 13. Their tattoo's became inflamed.
Cases Outcome: Real consent must be given - Burrel v Harmer (1967) The defendant was convicted of ABH. He tried to argue they had gave consent but the Divisional Court held there was no consent as they weren't old enough to appreciate nor understand the nature of the act.
Case Facts: Consent obtained by fraud by deceiving the identity of their person - Richardson (1998) The defendant was a dentist and was suspended from practicing but she continued to treat her patients.
Case Outcome: Consent obtained by fraud by deceiving the identity of their person - Richardson (1998) She was convicted of ABH as her patients wouldn't have given their consent if they had knew she was suspended. Her appeal was allowed, however, as she hadn't deceived them in any other way apart from she was no longer qualified.
Case Facts: Consent obtained by fraud by deceiving the nature and quality of the defendant's act - Tabassum (2000) The defendant claimed he was doing medical research and examined woman's breasts. He was actually doing it for his own enjoyment.
Case Outcome: Consent obtained by fraud by deceiving the nature and quality of the defendant's act - Tabassum (2000) He argued that they had consented but his conviction under the Sexual Offences Act 2003 was upheld. The women consented towards medical research; they had been deceived as to the "quality" of the act.
Case Facts: Consent must be informed - Dica (2004) The defendant had consensual sex with two women. He was HIV positive and didn't tell them.
Case Outcome: Consent must be informed - Dica (2004) The court held that consenting to sex didn't mean automatic consent to any incidental risk of injury or infection. He was convicted under s20 GBH.
Case Outcome: Contact Sports - Barnes (2004) The defendant was convicted of s20 GBH as he had tackled his opponent recklessly and unnecessarily. His appeal was allowed as the COA said a defendant's conduct should be sufficiently grave to be properly categorised as criminal. Lord Woolf said sport impliedly consents to the risk of harm anyway. Factors to be considered in these cases would be; the type of sport, the level it is played at, the nature of the act and the degree of force used.
Case Facts: Horseplay - Jones and Others (1987) The victims was being thrown in the air by his schoolmates and suffered from a ruptured spleen and a broken arm.
Case Outcome: Horseplay - Jones and Others (1987) The defence was allowed, even though the consent was mistaken.
Case Facts: Horseplay - Aitken and Others (1992) The victim and defendant's were RAF officers. During an initiation ceremony, the defendant's set fire to the victim's fire resistant suit. He was severely burned.
Case Outcome: Horseplay - Aitken and Others (1992) The defence was allowed and their convictions were quashed.
Case Facts: Tattooing and Branding - Wilson (1997) The defendant branded his wife's bottom with a hot butter knife.
Case Outcome: Tattooing and Branding - Wilson (1997) His convicted was quashed as she had consented and branding was very similar to a tattoo.
Case Facts: Sexual Activity - Slingsby (1995) The defendant and the victim had consensual sex. He accidentally scratched her with his signet ring, which caused internal bleeding and she later died.
Case Outcome: Sexual Activity - Slingsby (1995) The Court held that there was no assault as the victim had consented. The defendant was not found guilty of unlawful act manslaughter.
Case Facts: Sexual Activity - Brown (1994) The defendants were a group of homosexuals who took part in acts of violence against each other for sexual pleasure over a 10 year period. All participants had given consent and no one complained to the police or sought medical attention. The police accidentally discovered the activities.
Case Outcome: Sexual Activity - Brown (1994) They were all charged with offences under the Offences Against the Persons Act 1861. Their appeals were rejected by the COA and the HOL. The courts do not accept consent when injury is caused during sado-masochism.
Case Facts: Sexual Activity - Emmett (1999) During sex, the defendant suffocated his wife with a plastic bag causing internal bleeding in her eyes and poured lighter fluid on her breasts causing her serious burns.
Case Outcome: Sexual Activity - Emmett (1999) He was convicted of ABH even though she had consented.
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