Consent
- Created by: huth0
- Created on: 13-05-17 19:52
View mindmap
- 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
- R v Barnes - even if contrary to the rules of the game, because the conduct must go outside what is expected
- 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
- R v Tabassum - Rogue Doctor
- 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
- Consent must be informed and it must cover the nature and degree of harm caused
Comments
No comments have yet been made