Attorney General Reference

Description

A2 level Law (Consent) Mind Map on Attorney General Reference, created by ellenclare on 05/04/2016.
ellenclare
Mind Map by ellenclare, updated more than 1 year ago
ellenclare
Created by ellenclare about 8 years ago
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Resource summary

Attorney General Reference
  1. Development of Consent
    1. Creates exceptions. Come from Lord Lane CJ
      1. Can be used for ABH or more serious offences
      2. Issue of public interest/public policy
      3. Links to source
        1. 4
        2. Links to cases
          1. Coney 1982
            1. Fight couldn't be consented to
            2. Barnes 2005

              Attachments:

              1. Confirming exceptions of Attorney General Reference
              2. Jones 1982
                1. Aitken 1992
                2. Trial
                  1. First Instance
                    1. Aged 18 & 17
                      1. Fighting
                        1. Facial bruising
                          1. Nose bleed
                          2. Aquitted
                            1. Crown court
                            2. Defence
                              1. Both consented
                                1. Over 18 was (legally) able to understand
                                  1. Under 18 was not (legally) able to understand
                                  2. Issue of public policy
                                  3. Court of Appeal
                                    1. AG Ref asks for clarification in this area of law
                                      1. Did not matter if it happened in public or private
                                        1. Mos fights are unlawful regardless of consent
                                        2. It is not in the public's interest to cause ABH for no good reason
                                          1. Public policy
                                            1. Maintenance of human life is the most important thing
                                              1. Public interest
                                        3. Outcome and why
                                          1. CPS appealed outcome which caused legal controversy
                                        4. Public Policy
                                          1. Public Interest
                                            1. Maintenance of human life is the most important thing
                                              1. R v Brown
                                          2. Lord Lane
                                            1. Offence Against the Person Act
                                              1. Balancing the degree of harm to the value of purpose
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