Consent

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  • Created by: huth0
  • Created on: 13-05-17 19:52
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  • Consent
    • Consent must be informed and it must cover the nature and degree of harm caused
      • R v Dica 2004 - victim must be aware of the full facts
    • For more serious harm the activity must be one of public policy or social usefulness
      • s.47, s.20 Offences Against the Person Act 1861
      • R v Leach - crucifixion not socially beneficial
      • Sports is an example of socially useful activities
        • R v Barnes - even if contrary to the rules of the game, because the conduct must go outside what is expected
          • Contrast R v Moss - punched opponent in face during rugby match
      • Consent is a defense to lawful surgery in most cases
        • Re J - case for ritual operation such as circumcision for males
        • Statue provides that tattooing and piercing to be consented to, over the age of 18
          • R v Wilson - charged with s.47 OAPA but appeal allowed as branding fell withing the realms of tattooing
    • Consent cannot be obtained by fraud
      • R v Tabassum - Rogue Doctor
        • R v Richardson - struck off dentist
    • General rule is that the degree of harm must be very minor, unless a public policy
      • R v Brown - Convicted of s.47 and s.20 OAPA despite consent
      • Fighting in public or in private is not withing the public interest
        • AG's ref 6 of 1980

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