Consent

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  • Created by: 10dhall
  • Created on: 19-05-17 16:32
What are the three stages of consent?
Before 1993, Brown 1993 and Since Brown
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What happened before Brown 1993?
V could not consent to; being killed, GBH, risk of being killed through duelling, prize fighting, being maimed. Could consent to; proper games, surgery, dangerous exhibitions, dangerous exhibitions
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Defence of consent in sporting situations?
Billinghurst 1978 where he punched another player during a rugby match which fractured his jaw, and the D was convicted of GBH s20
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What should be considered in sporting situations?
The conditions that the game is played in, the nature of the act, the extent of the force and the degree of the risk of injury
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What case set out the conditions?
Cey 1989 involving ice hockey
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What are the principles emerging from Brown 1993?
Consent is not a defence to sado masochism, consent is a defence to assault, is a defence to ABH in; piercings, tattoo's, surgery, violent sports
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Developments since Brown 1993?
Slingsby 1985: piercing killed girl, Wilson 1996: branded initials (distinguished from Brown), Emmett 1999: haemorrhages, bruising, Barnes 2004: sport injury in football
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Cases on the transmission of disease?
Clarence 1888: transmitted an std to his wife, overruled by Dica. Dica 2004: HIV+ hid from 2 partners, guilty. Konzani 2005: HIV+ gave it to 3 people. Golding 2014: transmission of genital herpes
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What is non voluntary euthanasia?
The victim cannot make a decision or make their wishes known
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What is voluntary euthanasia?
The victim wants to die and says so
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What is involuntary euthanasia?
The victim wants to live but is killed anyway
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What is a case example of euthanasia?
Pretty v UK 2002 where the victim suffered from motor neurone disease and wished to die, took to the ECHR but refused her
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What is another case on euthanasia?
Purdy suffered from multiple sclerosis and took a case to the HOL asking for the suicide act as she wanted to die with the assistance of her partner, the HOL ruled there should be guidance on what someone can be prosecuted for + what someone wont be
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What are the factors that should be taken into account when prosecuting someone for euthanasisa?
1) Was it the victims decision to die 2) was the suspect compassionate 3) was the suspect of minor encouragement 4) did the suspect report the victims suicide to the police
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Case examples on assistance for euthanasia?
Gilderdale 2010 - a mother helped her daughter to die with being ill with ME for 17 years and was prosecuted to help her but not guilty of attempted murder
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What factors can affect the validity of consent?
Youth, mental retardation, lack of understanding, threats and fraud
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Case examples on youth?
Burrell v Harmer 1967 - the defendant was convicted of ABH for tattooing boys aged 12 and 13
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Case examples on fraud?
Richardson 1999 - the defendant was a dentist but had been struck off, carried out treatment on 6 victims but she was not found guilty of assault
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What is a case example on threats?
Olugboja 1982 - the defendant met two girls at a disco and took them back to his friend's bungalow, then the friend ***** them both, D ***** one of them who submitted to it through fear - D was guilty of ****
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What are the sexual offences laid out under the Sexual Offences Act 2003?
****, assault by penetration, sexual assault and causing someone to engage in sexual activity without consent
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Where is consent assumed to not exist in the context of sexual assault?
When there is; violence or threat against the D/someone else, unlawful detention, asleep/unconscious, could not communicate due to disability / had ben given a substance
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When is there definitely no consent?
When; the D intentionally deceived V, or when D impersonated someone personally known to V
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What is a case example regarding this?
R v G and the SSHD - G was a 15 year old boy who was charged with **** of a 12 year old girl
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What is the context given on honest and mistaken belief?
This is that if the D can prove that he had an honest mistaken belief about the preference of consent - he will not be guilty as long as the offence is one that consent can be given to
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What is a case regarding honest and mistaken belief?
Morgan 1976 - D invited several companions to have sex with his wife and told them that her resistance would not be a lack of consent but because she liked it, the court held they were all guilty of ****
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What is another case regarding honest and mistaken beleif?
Jones 1986 - the D and a schoolboy gave two boys the bumps, including a ruptured spleen and a broken arm. the court held that V's consent could provide a defence as long as there was no intention to cause injury, D's should have been able to raise it
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What are the problems with the law one consent?
The case of Brown has been heavily criticised, the current law on assisted dying is highly controversial, the law has developed on a piecemeal basis (wilson, brown, slingsby), the rules on fraud are too narrowly drawn, cases on sporting injuries
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What are the reform proposals on consent?
Proposed these offences: assault, intentional reckless injury, reckless serious injury and intentional serious injury
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Other proposals?
Other proposals were that any consent given to an under 18 year old to injuries intentional caused would not be valid, it would be possible to consent to any injury that was not serious, all injuries by fighting would be illegal and no consent
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Evaluation on the law of consent?
Speculation about whether the rules on fraud are to narrow, the law contains some OAPA which is out of date back in 1861, and there are limits to medical treatment
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Other cards in this set

Card 2

Front

What happened before Brown 1993?

Back

V could not consent to; being killed, GBH, risk of being killed through duelling, prize fighting, being maimed. Could consent to; proper games, surgery, dangerous exhibitions, dangerous exhibitions

Card 3

Front

Defence of consent in sporting situations?

Back

Preview of the front of card 3

Card 4

Front

What should be considered in sporting situations?

Back

Preview of the front of card 4

Card 5

Front

What case set out the conditions?

Back

Preview of the front of card 5
View more cards

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