Consent Cases

Question 1

R v Gillick

Answer 1

Facts: mrs gillick sought a declaration as she thought it would be unlawful for a doctor to prescribe girls under 16 contraceptives

Ratio: declaration was refused

Question 2

Burrell v Harmer

Answer 2

Facts: d tattooed 2 boys aged 12+13

Ratio: boys’ consent was ineffective since the court was of the option they were unable to comprehend the nature of the act

Question 3

R v Tabussum

Answer 3

Facts: ICT lecturer convicted on 3 counts of indecent assault

Ratio: they were consent to touching for medical purposes not to indecent behaviour

Question 4

R v Dica

Answer 4

Facts: d had sexual intercourse with 2 women knowing he had HIV

Ratio: d had not consented to the risk of infection

Question 5

R v Konzani

Answer 5

Facts: d was HIV positive and had unprotected sex with 3 people

Ratio: any potentially fatal disease failed to reveal this to v had to be fully formed consent

Question 6

R v Oluboja

Answer 6

facts: d gave a lift to 2 girls took them back home and raped them

Ratio: involves a submissions but a submission doesn’t mean there is a consent

Question 7

R v Adaye

Answer 7

Facts: d proceeded to engage in sexual inter course after being warned by a doctor for having HIV

Ratio: d had been aware that they were hiv positive

Question 8

Brown and others

Answer 8

Facts: group of homosexual Sado-masochists were convicted of wounding under s.47 of the offences against the person act

Ratio: resulted from sadomachoist activities

Question 9

R v leach

Answer 9

Facts: d at v’s request used nails to pierce his hands and nail him to a cross

Ratio: serous injury and no social benefit from the injury