Consent
- Created by: alliehxtch18
- Created on: 21-05-18 13:43
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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
- for consent to be valid, it must be informed.
- 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
- for consent to be valid, it must be genuine consent
- Implied Consent
- Wilson V Pringle
- implied consent includes 'everyday jostlings'
- Wilson V Pringle
- Capacity to consent
- 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
- Att Gen Ref no6 1980
- S20 Malicious wounding CANNOT GENERALLY
- R v Brown and others
- exceptions mentioned 1. male circumcision 2. tattoo + branding 3. piercings 4. horseplay
- R v Brown and others
- Common assault CAN
- Exceptions to the general rule in s20 and s47
- properly conducted games and sports
- Barnes
- rough horseplay
- Jones
- Aitken
- tattooing / branding
- Wilson
- properly conducted games and sports
- there are 4 general principles to consider ..
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