Consent Flashcards
(22 cards)
basic rule
can consent to assault and battery
AG réf no 6 1980
based off of i’d normally consented to and in public interest
Categories
Play fighting
sports
secual activity
Playing/fighting cases
R v Coney
R v Jones
R v A
R v Coney
prize fights not allowed
R v Jones
can consent to rough and undisciplined horseplay
R v A
need consent for playing and fighting
cases for sport
R v Barnes
R v Barnes
not covered by consent if it goes beyond what was R consented to by participating
need implicit consent in context of sport
cases for secual activity
R v Brown
R v Wilson
R v slingsby
R v Meachen
R v Dica
R v Konzani
R v B
R v Rowe
R v Brown
can’t consent to SM
R v Wilson
Law not to interfere with what goes on in home consensually
R v Slingsby
can consent to battery sexually and there is no issue if a unforeseen and unintended injury arises from it
R v Meachen
intended and consented to battery no ABH
Sexually transmitted diseases cases
R v Dica
R v Konzani
R v rowe
R v dica
consent to reckless transmission of STIs if informed of that
R v Konzani
difference between consenting to consequences of intercourse and an infection of a potentially fatal disease
need informed consent
Honest belief in consent would provide defence unless consent would not be defence
R v B
HIV status does not affect Vs freedom or capacity to consent
R v rowe
if D intentionally sets out to infect another consent is irrelevant
R v BM
body modification not allowed and essentially stated list should not be expanded
R v M
deception to identity will vitiate consent
Talmie
categories arbitrary - need balance of freedom and public policy
