consent

Question 1

when is consent available/not available

Answer 1

always available for battery
-not available for murder or s.18 OAPA 1861 but may be used for a charge of s.47 ABH or s.20 OAPA 1861 in limited circumstances

Question 2

who does the responsiblity of proving a lack of consent rely on

Answer 2

prosecution

Question 3

1.valid consent

Answer 3

any consent must be valid which means v has to have legal capacity (r v donovan)

Question 4

2. real (true) consent

Answer 4

if v doesn’t know the nature and or quality of the act there can be no true consent ( r v tabassum)

Question 5

r v dica

Answer 5

the effect of consent on transmission of disease

Question 6

3. exception to the general rule

Answer 6

in brown and others, the HOL created a list of activities which could be classed as lawful for s.47 ABH and s.20

Question 7

in the following instances consent would be allowed

Answer 7

• properly conducted games and sports
  -tattooing and branding
  -sexual activity
  -horseplay
  -surgery
  -lawful chastisement
  -medical procedures
  -dangerous exhibitions
  -haircuts

Question 8

organised / contact sports -boxing

Answer 8

there will only be valid consent during a boxing match held under the queensbury rules

Question 9

Ag ref no.6

Answer 9

the CA held that consent was not valid as the fight wasn’t held under the queensbury rules

Question 10

other sports

Answer 10

a distinction is drawn between off ball incidents/ outside the rules of the games and on the ball incidents/inside the rules of the game. consent will not work for off ball outside of rules as it is no different to any other assault as it involves deliberate use of unlawful force ( barnes)

Question 11

tattooing and branding

Answer 11

consent is a valid defence to tattooing ( r v wilson)

Question 12

sexual activity - inadvertent violence

Answer 12

where injury during sexual activity is accidental, consent is recognised and there is no offence ( r v slingsby)

Question 13

sexual activity - sado-masochistic

Answer 13

the law does not tolerate deliberate infliction of injury for sexual gratification therefore consent is not valid ( brown and others)

Question 14

horseplay

Answer 14

consent is a good defence to rough and undisciplined horesplay

Question 15

consent as a defence

Answer 15

real, informed and freely given

Question 16

informed consent

Answer 16

understand the nature and quality of an act and any risks involved
can’t give informed cinsent if they are unaware of any critical information which may affect their decision

Question 17

fraud or deception

Answer 17

fraud as to the identity of the person or the nature and quality of the act can negate consent ( tabassum)

Question 18

extent of harm

Answer 18

if the act results in serious harm the defence of consent may not apply unless the activity falls into specific exceptions