Other slides in this set

Slide 2

Preview of page 2

Here's a taster:

MENTAL CAPACITY ACT 2007
Provides guidance on the ability of people to give
consent.
s.2(1) - a person lacks capacity if they are unable
to make a decision for themselves because of
impairment or disturbance in the functioning of
the mind or brain.
This includes inability to:
Understand information
Retain information
Process information
Communicate information…read more

Slide 3

Preview of page 3

Here's a taster:

CONSENT WILL NOT BE GENUINE IF
IT'S OBTAINED THROUGH...
Deception
Threat…read more

Slide 4

Preview of page 4

Here's a taster:

MISTAKE
If D honestly believes that V is consenting,
this could still be a successful defence due to
D's lack of mens rea.
However, intoxicated mistakes are not taken
into account.…read more

Slide 5

Preview of page 5

Here's a taster:

FRAUD
There are two types of mistakes that may
weaken consent:
Mistake about the identity of the person
Mistake about the nature and quality of the
act…read more

Slide 6

Preview of page 6

Here's a taster:

MISTAKE ABOUT THE IDENTITY OF
THE PERSON
R v Richardson 1999
D was a dentist who had been suspended by the
General Dental Council.
However, she continued to treat patients until she
was eventually detected and prosecuted.
She was convicted of six counts of ABH, on the basis
that her fraud as to her continued entitlement to
practise `negatived' her patients' consent.
The Court of Appeal, though describing her behaviour
as `reprehensible' (i.e. disgraceful), allowed the
appeal.
The patients were consenting to treatment by her. It
was irrelevant that they would not have consented
had they known the truth.
D was found not guilty.…read more

Slide 7

Preview of page 7
Preview of page 7

Slide 8

Preview of page 8
Preview of page 8

Slide 9

Preview of page 9
Preview of page 9

Slide 10

Preview of page 10
Preview of page 10

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »