Defences Flashcards
(12 cards)
Consent
V can give permission to an act that would otherwise amount to an offence against the person
Complete defence
Always available in an assault and battery if its been implied
May be used for s.47 ABH or s.20 GBH if it falls within the exceptions- brown
Consent is NEVER available for murder (pretty) or s.18 GBH OAPA 1861 (leach)
3 types of consent
Valid consent
True consent
Fraudulent consent
Valid consent
Any consent must be valid which means the V has to have legal capacity
The following may mean that a person doesn’t have legal capacity: underage, mental learning difficulties, intoxicated
Burrell v harmer
Gillick
Burrell v harmer-VC
Underage boys tattoos
Held- too young to give valid consent as don’t have legal capacity
Gillick- VC
Doctors could prescribe the pill to girls under 16 without their parents consent- if girls considered to be competent to give valid consent- ‘Gillick competence’
True consent
Fraud can negate consent if the V does not know the identity of D (tobassum) or the nature and quality of the Ds acts cannot be known (dica)
Tabassum- TC
Told V worked for hospital and carried out physical examinations of breasts
Held- no true consent- lied about identity
Dica- TC
Unprotected sex with women and didn’t tell was HIV positive
Held- women were unaware of quality of act so guilty of s.20 GBH
Fraudulent consent
If the D has obtained the Vs consent by fraudulent means, this will not always render the consent invalid. Fraud will only invalidate consent if the V is deceived as to the identity of the D or nature and quality of their act.
Richardson
Richardson- FC
Dentist who was struck off
Held- patients consented to be treated by her aware of nature and quality of the act, not relevant they would have refused consent if known had been suspended.
What are the public policy exceptions of consent
Properly conducted games and sports
Tattooing and branding
Sexual activity
Horseplay
Surgery
Euthanasia
