Consent

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  • Consent
    • there are 4 general principles to consider ..
      • Capacity to consent
        • in order for any consent given to be valid, the person giving the consent must have the capacity to consent
        • Gillick
          • if they have the sufficient maturity, intelligence & understanding of the nature & consequences of what they are consenting to.. then yes you can consent
      • Informed Consent
        • for consent to be valid, it must be informed.
          • this means V must know the risks and circumstances of the act
        • R v Dica
          • when the 2 V's didn't know about the HIV consented to sex
      • Genuine Consent
        • for consent to be valid, it must be genuine consent
          • this means V must know the nature and the purpose of the Act
        • Tabassum
          • when D could not rely on the consent of the women as the women thought they were consenting to a medical exam but instead was a sexual act
        • R v McNally
          • when she thought she was having hetrosexual sex and not homosexual
      • Implied Consent
        • Wilson V Pringle
          • implied consent includes 'everyday jostlings'
    • Which crimes can use it as a defence.
      • Common assault CAN
        • R v Slingsby
      • Murder CANNOT
        • Pretty V UK
      • S18 wounding CANNOT
        • R v Leach
      • S47 ABH CANNOT GENERALLY
        • Att Gen Ref no6 1980
          • not in the publics best interest
          • exceptions mentioned .. 1. properly conducted games 2. surgery 3. lawful chastisement 4. dangerous exibitions
      • S20 Malicious wounding CANNOT GENERALLY
        • R v Brown and others
          • exceptions mentioned 1. male circumcision 2. tattoo + branding 3. piercings 4. horseplay
    • Exceptions to the general rule in s20 and s47
      • properly conducted games and sports
        • Barnes
      • rough horseplay
        • Jones
        • Aitken
      • tattooing / branding
        • Wilson

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