consent Flashcards
(23 cards)
what is consent always a valid defense to (2)
assault and battery
when can it be used if it falls within the exceptions
ABH and GBH/Wounding
whats a general rule for consent
a victim cannot consent to harm, unless there is a valid public policy or social utility (usefulness) reason why it should be allowed.
what are the 5 requirements
The victim cannot consent to harm of ABH level or above, unless it falls within one of the exceptions
The consent must be REAL
The consent cannot be obtained FRAUDULENTLY
The consent can be EXPRESS or IMPLIED
SUBMISSION is NOT the same thing as consent
what are the 2 categories for cant consent unless falls in exceptions
intentional injury
risk of accidental injury
what’s some examples of ii
Tattooing
Reasonable surgical and medical treatment
whats some examples of roi
Sexual activity
Risk of STD/HIV transmission
case for tattooing and is this a valid defense?
No
Burrell v Harmer
Reasonable surgical and medical treatment case
Montgomery v Lanarkshire Health Board
sexual activity case
R v Slingsby
hiv case
R v Dica
what 2 things does ‘consent must be real’ mean
Understand the nature and quality of the act they are consenting to,
AND
Not lack capacity to consent or be acting under duress
what must the circumstances be
real and true
whats the case for this
R v Tabassum
what 2 ways could it be fraud
D’s identity
Or fraud as to the nature and quality of the act that is being consented to
first one case
R v Elbekkay
second one case
R v Williams
whats the case for not all fraud being denied the defense
R v Linekar
what can expressed/ implied consent be in the form of
V agrees – either verbally or in writing e.g piercing
Children under 16 can consent themselves to medical treatment
Implied consent is given in situations where battery may occur, such as a busy street
case for this
Wilson v Pringle 1987
“ordinary jostlings of everyday life”.
medical consent (e.g in a coma) case
F v West Berkshire
what may be submission
If V has submitted to D’s actions and said nothing out of fear or repercussions if they did not submit, this is not the same thing as giving consent.
whats a case to back ts
R v Olugboja
