Consent

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What case says you cannot consent to another over a battery unless it is a legally recognised exception?
Brown
1 of 17
Where does the burden of proof lie?
With the prosecution and the defence of consent is raised by the defence
2 of 17
What is the principle of Pretty v DPP?
that you cannot consent to assisted suicide as it is illegal in the UK
3 of 17
What must consent be?
Consent must be real and the V must know BOTH the nature and quality of the act
4 of 17
What is principle of Burrell v Harmer?
age doesnt negate the defence of consent. It is rather the ability to appreciate the nature of the act
5 of 17
What case shows the consent must be real?
Gillick v West Norfolk AHA
6 of 17
What is the principle of Collins v Willock?
Consent is only a defence to assault or battery and most physical contacts have implied consent - Lord Goff
7 of 17
The D must know the REAL nature of the act and it is usually 'informed consent' - Which case does this statement come from?
Tabassum
8 of 17
Give some examples of legally recognised exceptions for consent
Horseplay, tattooing/piercing, surgery and practical jokes
9 of 17
What is the principle of Olugbola and Dica?
Sexual trasnmitted diseases cannot be consented as it its classed as GBH and just because the V appears to consent it odes not mean the consent is genuine
10 of 17
What is the principle of Attorney General Reference (No8 1980)?
it is not in the pubic interest that people should try to cause each other ABH for no good reason
11 of 17
What is the case and principle for 'off ball' incidents for sports and consent?
Billinghurst: no defence of consent as he has no unlimited use of force, it was only in the rules of play
12 of 17
What are the two cases for 'on ball' incidents for sports and consent and their principles?
Moore: D may be liable despite the fcat that V consented to harm within the rules of the game. Barnes: criminal proceedings should be saved sufficiently grave and not instinctive actions, misjudgements or errors'
13 of 17
What are the two cases for surgery and consent and their principles?
Re A 2000: parents agreement abolished as courts gave permission for operation so there was ocnsent and baby lost life as not strong enough to survive. Re A 1992: mother's concern did not tilt the balance as she could not consent on behalf of S
14 of 17
What is the case for tattooing/piercing and consent?
Wilson: wife's consent was vaid and courts concluded 'branding' was equivalent to tattooing
15 of 17
What is the case and its principle for sexual activity and consent?
Donovan: an act, unlawful as being criminal, cannot be rendered lawful because the person to whom it is done to consents to it. offence was above Battery so therefore you cannot consent to it.
16 of 17
What are the two cases for horseplay and consent?
Jones: boys had engaged in activity wihtout injury and it was all taken as a joke with no intention for injury. Aitken: if officer consented to activity then Judge finds there is no offence committed
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Other cards in this set

Card 2

Front

Where does the burden of proof lie?

Back

With the prosecution and the defence of consent is raised by the defence

Card 3

Front

What is the principle of Pretty v DPP?

Back

Preview of the front of card 3

Card 4

Front

What must consent be?

Back

Preview of the front of card 4

Card 5

Front

What is principle of Burrell v Harmer?

Back

Preview of the front of card 5
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