Consent

Question 1

What are the exceptions of consenting to ABH or greater harm?

Answer 1

• properly conducted games and sports
• reasonable surgical interference
• tattooing
• body piercing
• horseplay
• dangerous exhibitions

Question 2

A-G’s Ref No. 6

Answer 2

2 D’s tried to settle their dispute in a street fight and then sought to rely on the defence of consent which was not available

Question 3

A consensual killing such as euthanasia is murder

Answer 3

Pretty (2002)

Question 4

Duelling, where the victim consents to running the risk of being killed is illegal and the dueller who inflicts the fatal wound is guilty of murder

Answer 4

Rice (1803)

Question 5

Removal of treatment

Answer 5

NHS Trust v Bland (1993)

Question 6

A person can consent to common assault

Answer 6

Lord Templeman in Brown (1993)

Question 7

Emmett (1999)

Answer 7

CoA would not allow consent to injuries for sexual gratification

Question 8

Barnes (2009)

Answer 8

Court will look at type of sport, the level being played, nature of the act, degree of force used, extent of risk of injury and the state of mind of the defendant

Question 9

Wilson (1996)

Answer 9

Branding should be treated the same as tattooing so consent is allowed.

Question 10

Jones (1986)

Answer 10

Genuine mistaken belief in consent to rough and unscripted horseplay can be a defence

Question 11

True consent

Answer 11

True consent is where the victim understands the nature and quality of the activity they are agreeing to

Question 12

Richardson (1999)

Answer 12

Registered dentist suspended - true consent

Question 13

Tabassum (2000)

Answer 13

Fake doctor - no true consent

Question 14

Olugboja (1982)

Answer 14

Difference between real consent and mere submission - no true consent

Question 15

Informed consent

Answer 15

Victim makes a decision fully aware of all the risks involved and with the capacity to do so

Question 16

Clarence (1888)

Answer 16

Infected wife with STI - Informed consent

Question 17

Dica (2004)

Answer 17

Overruled Clarence - no informed consent when infection women with HIV

Question 18

Konzani

Answer 18

“Would V have continued with the activity if aware of the risks?”

Question 19

Slingsby

Answer 19

Death was not the result of the criminal act as D lacked the mens rea for unlawful act manslaughter so the issue of consent was irrelevant

Question 20

Burrell v Harmer

Answer 20

Giving tattoos to young boys is not informed consent as they don’t recognise the consequence of having a tattoo

Question 21

Implied consent

Answer 21

Where the victim is assumed to consent

Question 22

Collins v Wilcock

Answer 22

No implied consent to restraint which was not part of a lawful arrest

Question 23

R v Barnes

Answer 23

Participation in sport gives rise to implied consent

Question 24

Mistaken belief in consent

Answer 24

An ‘honest mistake’ about whether or not V is consenting, will still provide a defence
Jones 1996

Question 25

Atkin

Answer 25

D’s honestly believed that C would’ve given consent so consent allowed and convictions quashed

Question 26

Richardson and Irwin

Answer 26

Drunken students believed friend was giving consent to be pushed off a balcony so did