Non fatal offences against the person, Sexual offences but never a defence to murder (R v DPP)
1 of 17
Olugboja
Consent must be real - There is a difference between consent and submission. It is for the jury to decide if the consent is 'real'.
2 of 17
Does fraud negate consent?
Only if it deceives V as to; the identity of the person or the nature or quality of the act
3 of 17
Richardson
Dentist did not tell patients that she was not allowed to practice. She had not deceived them of her identity.
4 of 17
Tabassum
A man posed as a doctor, and he touched breasts for sexual gratification. The nature of the act the women consented to was medical not for D's sexual gratification.
5 of 17
Atkins and Others
Mistaken belief should be left for the jury to decide.
6 of 17
Jones
Victims were tossed in the air by older youths, one victim suffered a broken arm. D claimed they had consented. It was held that a genuine mistaken belief to 'rough, undisciplined horseplay' could be a defence, even if it was unreasonable.
7 of 17
Violenti non fit injura
General principle that you cannot consent to injury.
8 of 17
Wilson
Branded his wife's buttocks with his initials. Consent succeeded as she consented to an act of 'love' rather than injury
9 of 17
Brown
Defence failed as Brown consented to pain for sexual gratification. Failed on the principle of violenti non fit injura.
10 of 17
Dica
Victims consented to sexual intercourse with the defendant. However, the nature and the quality of the act was different from what they consented to as D carried HIV.
11 of 17
Gillick
A young person can consent if they are 'Gillick competent'- they must have sufficient intelligence and understanding of what they are consenting to.
12 of 17
Wilson v Pringle
Explains the principle of 'implied consent' to 'everyday jostlings'.
13 of 17
AG Ref (No 6 of 1980)
Consent will not be a defence to S47- not in public interest etc. Exceptions- Fighting (properly conducted games/sports), surgery, lawful correction, dangerous exhibitions.
14 of 17
Barnes
a sports player implies consent. Only prosecute cases where conduct is serious enough to be called 'criminal', eg intending/reckless about causing injury, or causing injury outside the game rules.
15 of 17
Pretty
Consent cannot be a defence to murder.
16 of 17
Leach
Consent cannot be a defence to s18 GBH.
17 of 17
Other cards in this set
Card 2
Front
Consent must be real - There is a difference between consent and submission. It is for the jury to decide if the consent is 'real'.
Back
Olugboja
Card 3
Front
Only if it deceives V as to; the identity of the person or the nature or quality of the act
Back
Card 4
Front
Dentist did not tell patients that she was not allowed to practice. She had not deceived them of her identity.
Back
Card 5
Front
A man posed as a doctor, and he touched breasts for sexual gratification. The nature of the act the women consented to was medical not for D's sexual gratification.
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