Consent Flashcards
What are the 2 things we must consider in consent
What offences can you consent to and is that consent genuine
Name an example of when consent is not allowed
Murder
What case would you use for no consent in murder
Pretty
What non fatal offences can consent be used for
Battery but not any that result in serious injury
What case would you use for battery and consent
Brown
When may consent be used when the injury is more serious then a battery
If during a ‘properly conducted sport’, ‘reasonable surgical interference’ and ‘dangerous exhibitions’
Who must prove the consent
The defence
What case can you use for proving consent
Donovan
What case states the law does not condone causing harm to each other without reason
Brown
What must the consent from the victim be
Genuine as they can not be deceived into consenting
What case states that consent will be invalid if they have been deceived
Tabassum
What may the consent also be
Implied
What case stated that violence in a public place, other than in sport, amounted to a breach of the peace and was unlawful
Attorney-Generals Ref No.6
What must the people consenting be
Of an age to have legal capacity to consent
What case states that if your too young your consent will not be valid
Burrell v Harmer
