Consent Flashcards
(8 cards)
1
Q
What is the first element of Consent?
A
- Valid consent
Any consent must be valid which means the V has to have legal capacity (Burrell v Harmer)
2
Q
What is the second element of Consent?
A
- Real (True) Consent
There must be real consent. If V does not know the true nature and/or the quality of the act, there cannot be true consent. (R v Tabssaum)
Consent on transmission of disease (R v Dica)
3
Q
What are the 7 exceptions to the general rule of consent?
A
- Properly conducted games and sports
- Tattooing and branding
- Sexual activity
- Horseplay
- Surgery
- Lawful chastisement
- Dangerous exhibitions, medical procedures and haircuts
4
Q
What rules must boxing be held under?
A
Queensbury rules
5
Q
Does consent work for off the ball incidents?
A
Consent will not work for off the ball incidents as it is no different from using deliberate use of unlawful force (R v Barnes)
6
Q
What is the case for tattooing and branding?
A
R v brown, R v Wilson
7
Q
What is the consent rules for sexual activity?
A
If injury during sexual activity is accidental then consent is recognised. (R v slingsby)
If injury is deliberate then consent does not work e.g. sado-masochistic behaviour (Brown and others)
8
Q
What is the case for horseplay?
A
R v Jones
