Consent - Unit 3

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  • Created by: Carissa
  • Created on: 06-06-15 10:53
Consent can be a defence to
Non fatal offences against the person, Sexual offences but never a defence to murder (R v DPP)
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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'.
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Does fraud negate consent?
Only if it deceives V as to; the identity of the person or the nature or quality of the act
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Richardson
Dentist did not tell patients that she was not allowed to practice. She had not deceived them of her identity.
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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.
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Atkins and Others
Mistaken belief should be left for the jury to decide.
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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.
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Violenti non fit injura
General principle that you cannot consent to injury.
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Wilson
Branded his wife's buttocks with his initials. Consent succeeded as she consented to an act of 'love' rather than injury
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Brown
Defence failed as Brown consented to pain for sexual gratification. Failed on the principle of violenti non fit injura.
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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.
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Gillick
A young person can consent if they are 'Gillick competent'- they must have sufficient intelligence and understanding of what they are consenting to.
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Wilson v Pringle
Explains the principle of 'implied consent' to 'everyday jostlings'.
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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.
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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.
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Pretty
Consent cannot be a defence to murder.
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Leach
Consent cannot be a defence to s18 GBH.
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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

Preview of the back of card 3

Card 4

Front

Dentist did not tell patients that she was not allowed to practice. She had not deceived them of her identity.

Back

Preview of the back of card 4

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.

Back

Preview of the back of card 5
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