Consent
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- Created by: 10dhall
- Created on: 04-06-17 15:36
What are the three stages?
Before Brown 1993, Brown 1993, since Brown
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What could consent be given to before Brown?
Rough and undisciplined horseplay, dangerous exhibitions (circus acts), surgery, proper conducted sports (boxing)
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What could consent not be given to before Brown?
Being killed, being maimed, prize fighting, duelling, GBH
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What case set out the defence of consent in sporting situations?
Billinghurst 1978 - punched another player during a rugby match, fracturing his jaw. Guilty for s20 GBH
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What case set out the rules on sporting events?
Cey 1989 - the conditions the game is played, the nature of the act, the extent of the force employed, the degree of risk of injury / probability of serious harm
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What is another case on sporting events?
Barnes 2004 - tackled someone in a football match causing serious leg injury, guilty at first instance but quashed on appeal because it should be dealt with by the punishments of the game
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What are the principles emerging from Brown?
Consent is not a defence to sado-masochism, consent is a defence to assault / abh in relation to piercings, tattoo's, surgery and violent sports
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What are the cases since Brown?
Wilson 1996, Emmett, Slingsby, Fisher
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What happened in Wilson 1996?
Branded his initials on his wife's bottom under her request; consent was held valid as; she waned it, no aggressive intent, similar to tattooing
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What happened in Emmett 1999?
Convicted of ABH because he caused his fiance haemorrhages in her eyes, bruising an burns on her breast. More serious than Wilson and consent could not operate
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What happened in Fisher?
The D cut V's arms and torso with various images including her name - V had not consented, convicted of GBH
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What are cases on transmission of disease?
Dica 2004, Konzani 2005, Golding 2014, Clarence 1888
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What happened in Dica?
Transmitted HIV to two long term partners without telling them, guilty of s20 GBH
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What happened in Konzani?
Gave HIV to 3 woman, consent not valid as they did not know
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What happened in Clarence?
Gave his wife gonorrhoea without her knowing, held that she consented due to the law at the time - overruled by Dica
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What happened in Golding?
Transmitted genital herpes, amounted to GBH
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What are the different types of euthanasia?
Non-voluntary; cannot make their wishes known, involuntary; does not want to die and says so, voluntary; wants to die and says so
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What is a case example on euthanasia?
Pretty v UK - applied to the ECHR but refused her, stated if she wanted to end her own life her wishes would be respected, took poison and was admitted to hospital and not saved
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What was the HOL's guidance on euthanasia when prosecuting someone?
Was it the victims' decision to die? Did the suspect have minor encouragement? Was the suspect compassionate?
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What factors can affect the validity of consent?
Youth, mental retardation, fraud, threats, lack of understanding (deafness)
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What is a case on youth?
Burrell v Harmer - D was convicted of ABH after tattooing two boys 12 and 13
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What is a case example on fraud?
Bolduc v Bird - vaginal examination
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What is a case regarding a dentist?
Richardson - carried out treatment on 6 patients after being struck off, not guilty
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What is a case example on threat?
Olugboja - met two girls home and ***** them both, guilty
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What is the rule on honest and mistaken belief?
That if the D can prove it was honestly mistaken they will not be guilty
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What is a case on honest and mistaken belief?
Morgan - invited companions to have sex with his wife and told them her resisting was part of play
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What are the problems with the law on consent?
The victim could also be guilty as shown in Brown, Brown has been heavily criticised, current law on assisted dying are controversial, if ABH was not intended but occurred, limits on medical treatment, law is old fashioned, why is RUD okay?
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What are the reform proposals?
Intentional serious injury, reckless serious injury, intentional reckless injury, assault. All injures caused by fighting will be illegal, sporting injuries not criminalised, any consent under 18 is not valid
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Why is the defence of consent flawed?
Balance does not always seem to be sensible, is there a conflict with the HRA 1998, sport is difficult, dangers in cosmetic surgery, public interest arguments unbalanced / irrational
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Other cards in this set
Card 2
Front
What could consent be given to before Brown?
Back
Rough and undisciplined horseplay, dangerous exhibitions (circus acts), surgery, proper conducted sports (boxing)
Card 3
Front
What could consent not be given to before Brown?
Back
Card 4
Front
What case set out the defence of consent in sporting situations?
Back
Card 5
Front
What case set out the rules on sporting events?
Back
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