Consent Flashcards
(31 cards)
What can consent be raised as?
A full defence to NFO’S.
Who proves beyond reasonable doubt?
Prosecution
What does the prosecution prove?
Beyond reasonable doubt the disapproval of the validity of the defence.
2 tier test for consent:
Consent must be valid.
Person concerning must have capacity to consent.
Degree of harm
Victim cannot consent to own death or to injury ABH or above unless in public interest.
Leach
No social benefit from activity.
Barnes
Unnecessary for criminal law to get involved as consent falls within rules of game.
First exception
Sport
Boxing rules
Boxing is lawful but fist fights are unlawful.
Second exception
Rough and undisciplined horseplay.
Jones
No intention to cause injury.
What does the children’s act 2004 say about lawful chastisement?
If chastisement causes bruising or cut it is illegal.
Third exception
Sexual acts
Brown
Such activities were not conducive to the welfare of society.
Wilson
Not in public interest to criminalise this sort of behaviour.
Emmett
Degree of harm enough to make it proper cause for criminal law to intervene.
Slingsby
Lacked the relevant Mr and acts undertaken with consent of V.
Statutory rape
Sexual relations with a minor any consent is invalid
Surgery
As surgery is carried out for his or her benefit consent is informed.
What is unlawful for surgery?
Female circumcision
What is unlawful for surgery?
Female circumcision
Tattooing and piercings
Adults are able to consent to tattoos and piercings.
What should tattooists and piercings be registered under?
Local government act
BM
Medical procedures not allowed by tattooists
