Consent

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  • Created by: 10dhall
  • Created on: 08-05-17 01:15
What are the three developments of consent?
Before Brown, Brown 1993, Since Brown 1993
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What was consent a defence to before Brown?
1) Being killed. 2) GBH. 3) Being maimed. 4) Risk of being killed through duelling. 5) Being hurt for the purpose of sexual gratification. 6) Prize fighting
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What could not count as consent?
1) Properly conducted sports. 2) Dangerous exhibitions. 3) Rough and undisciplined horseplay. 4) Reasonably conducted surgical practice
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Brown 1993?
1) Consent is not a defence to homosexual sadomasochism. 2) consent is a defence to assault. 3) consent is a defence to ABH in recognised exceptions; piercings, tattooing, surgery, violent sports
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Developments since Brown 1993?
1) Slingsby 1985. 2) Wilson 1996. 3) Emmett 1999. 4) Fisher 2009
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What happened in Slingsby 1985?
The D and V had vigorous consensual sex which caused V injuries due to a piercing. She later died from poisoning. D was convicted of DA manslaughter but acquitted as he had no foresight of the harm
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What happened in Wilson 1996?
In Wilson 1996 the D branded his initials on his wife's bottom (on request) with a hot iron. Consent was valid because; she wanted it, there was no aggressive intent, branding similar to tattooing, COA distinguished the case from Brown 1993
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What happened in Emmett 1999?
D was convicted of ABH because of sex with his fiancé because she suffered haemorrhages in her eyes, bruising on her neck and burns on her breast. Consent could not operate because it was much more serious than Wilson 1996.
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What happened in Fisher 2009?
The D cut V's arms and torso with various images including her name, V consented, but he was convicted of GBH
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What is a case on sporting injuries?
Barnes 2004
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What happened in Barnes 2004?
Serious leg injury caused by a tackle in football, was guilty at first instance but was then quashed because it was within the rules and should be dealt with through punishment in the sport
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What factors did the jury have to consider in Barnes 2004?
The nature of the game, the degree of force, the risk of injury, what sanctions exist in the game itself
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What are case examples on transmission of disease?
Clarence 1888, Dica 2004, Golding, Konzani 2005
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What happened in Clarence 1888?
The D knew he had an STD and slept with a woman without telling her, held that she had consented - therefore consented to the risk of infection. Was overruled by Dica 2004
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What happened in Dica 2004?
The D was HIV positive and was aware, gave it to 2 long term partners, found guilty of GBH s20
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What happened in Konzani 2005?
Was HIV positive and gave it to 3 woman, found guilty
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What happened in Golding?
The D transmitted herpes, was guilty of GBH
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What are the types of euthanasia?
Voluntary, non voluntary, involuntary
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What is voluntary euthanasia?
This is when the D wants to die and says so
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What is involuntary euthanasia?
This is when D cannot make a decision or make their wishes known
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What is non-voluntary euthanasia?
This is when D does not want to die but is killed anyway
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What is a case demonstrating euthanasia?
Pretty v UK 2002 - the D suffered from motor neurone disease and wanted to die. The ECHR refused her application but suggested to do it herself. She drank poison and the hospital did not attempt to save her
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What can affect consent being valid?
Youth, mental retardation, threats and fraud
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What offences are set out in the Sexual Offences Act 2003?
1) ****. 2) Assault by penetration. 3) Sexual assault. 4) Causing someone to engage in sexual activity without consent
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Issues surrounding the sexual offences and consent?
S75 sets out that consent will be assumed to not exist when; v had been given a substance, v was asleep/unconscious, v could not communicate, unlawful detention, violent or the threat of it against D
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What does s76 set out?
Consent is definitely not available when: D intentionally deceived v, or the D impersonated a person personally known to v
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Case examples of honest and mistaken belief?
Morgan, Jones
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What happened in Jones?
Two schoolboys convicted of GBH but quashed - throwing friends into the air
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What happened in Morgan?
***** a guys wife because he said she would consent - she didn't
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Problems with the law on consent?
Victim could also be guilty, case of brown has been criticised, current law on assisted dying is highly controversial, are the rules too narrow, law is old fashioned, why is consent a defence to some things and not others, rough and disciplined okay?
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Other cards in this set

Card 2

Front

What was consent a defence to before Brown?

Back

1) Being killed. 2) GBH. 3) Being maimed. 4) Risk of being killed through duelling. 5) Being hurt for the purpose of sexual gratification. 6) Prize fighting

Card 3

Front

What could not count as consent?

Back

Preview of the front of card 3

Card 4

Front

Brown 1993?

Back

Preview of the front of card 4

Card 5

Front

Developments since Brown 1993?

Back

Preview of the front of card 5
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