Flashcards
Consent
Flashcards do conjunto (6)
- 1ConsentThe defence of consent may operate to defeat an element of the AR of an offence, and thus render an action lawful as opposed to unlawful.
- 2The basic ruleThe basic rule is that you may consent to assault or battery, but not to further harm (Brown - S20 and S47).
- 3Consent must be... (First 3 things)Genuine consent - Consent to both the nature and quality of the act - Burrell v Harmer.
Positive consent - Saying 'no' or nothing is not consent and fear does not make the consent real - Olugboja.
Medical consent is not consent to indecent behaviour - Tabassum. - 4Consent must be... (Last thing)Consent must be informed (Dica).
However, implied consent will exist in properly conducted sports and games.
Barnes - Inside the rules
Billingurst - Outside the rules - 5Public policy exceptionsHorseplay (Jones).
Body Adornment (Wilson).
Mistaken Belief (Aitken).
Drunken Mistake (Richardson and Irwin). - 6What can't you consent to?Death - Petty, Airedale NHS Trust v Bland.
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- A2 Law FlashCards sobre Consent, criado por James Tucker em 07-06-2018.
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- James Tucker
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