Introduction/Evaluation

Question 1

What type of offences is the defence of consent most relevant to?

Answer 1

Non-fatal offences

Question 2

What type of offence does not permit the defence of consent?

Answer 2

Murder

Question 3

What is euthanasia in the eyes of the law?

Answer 3

Murder

Question 4

Can a person consent to euthanasia?

Answer 4

No, because in English law it is deemed as murder

Question 5

What case happened in 2002?

Answer 5

Pretty v DPP

Question 6

In what year was the case of Pretty v DPP?

Answer 6

2002

Question 7

What is the case of Pretty v DPP (2002) relevant to?

Answer 7

That you cannot consent to your own death

Question 8

What case is relevant to euthanasia?

Answer 8

Pretty v DPP (2002)

Question 9

What happened in the case of Pretty v DPP (2002)?

Answer 9

Pretty had motor neurone disease and wanted to be euthanised. She took her case to the European court of human rights claiming someone being unable to assist her suicide was against her human rights.

Question 10

What was the outcome of Pretty v DPP (2002)?

Answer 10

The European court of human rights dismissed her appeal on all counts.

Question 11

Can a person refuse to consent to their own medical treatment?

Answer 11

Yes

Question 12

Can a person consent to a certain degree of injury?

Answer 12

Yes

Question 13

What is the legal stance on someone consenting to a certain degree of injury?

Answer 13

That a victim can consent to a certain degree of injury as individuals should be free to decide what to do. However, there are limitations to this for public policy reasons.

Question 14

What did Lord Lane say in the case of Attorney-Generals Reference (No 6 of 1980) (1981)?

Answer 14

‘It is not in public interest that people should try to cause each other bodily harm for no good reason’

Question 15

In what case was ‘it is not in the public interest that people should try to cause each other bodily harm for no good reason’ said? By whom?

Answer 15

Lord Lane in Attorney-Generals Reference (No 6 of 1980) (1981)

Question 16

What case happened in 1981?

Answer 16

Attorney-Generals Reference (No 6 of 1980) (1981)

Question 17

In what year was Attorney-Generals Reference (No 6 of 1980)?

Answer 17

1981

Question 18

What is the case of Attorney-Generals Reference (No 6 of 1980) (1981) relevant to?

Answer 18

Lord Lane establishing the stance on how a victim can consent to a degree of injury - ‘it is not in the public interest that people should try to cause each other bodily harm for no good reason’

Question 19

What case is relevant to a victim being able to consent to a certain degree of injury?

Answer 19

Attorney-Generals Reference (No 6 of 1980) (1981)

Question 20

What type of defence is the defence of consent?

Answer 20

A general defence but it is most relevant to non-fatal offences

Question 21

What is it called when consent is given?

Answer 21

Real consent

Question 22

For there to be real consent what must have happened?

Answer 22

The victim must have understood what they are consenting to

Question 23

What types of people is the issue of real consent most relevant to?

Answer 23

Children and people with mental disabilities

Question 24

What case is relevant to real consent?

Answer 24

Burrell v Harmer (1967)

Question 25

What is the case of Burrell v Harmer (1967) relevant to?

Answer 25

Real consent

Question 26

What case happened in 1967?

Answer 26

Burrell v Harmer (1967)

Question 27

In what year was the case of Burrell v Harmer?

Answer 27

1967

Question 28

What happened in the case of Burrell v Harmer (1967)?

Answer 28

The defendant tattooed two boys aged 12 and 13, there arms became inflamed and painful

Question 29

What was the outcome of Burrell v Harmer (1967)?

Answer 29

The defendant was convicted of ABH and his defence of consent was rejected as the divisional court said they did not understand the nature of the act and the risks and pain involved.

Question 30

Briefly, what are the evaluation points?

Answer 30

Sexual activity Horseplay/bullying Inconsistent Euthanasia

Question 31

Explain the 'sexual activity' evaluation point...

Answer 31

The cases of Brown and Wilson contrasting led to controversy because it was thought courts should not be responsible for policing sexual relations between consenting adults. It was argued this a breach of human rights, specifically article 8, right to private and family life.

Question 32

Explain the horseplay evaluation point...

Answer 32

Horseplay may be seen as bully or actually bullying and children are getting away with vicious behaviour but the courts avoid unnecessarily sanctioning children.

Question 33

Explain the law being inconsistent...

Answer 33

Consent is refused for types of sexual behaviour such as Brown but is allowed in horseplay when serious injury can bs caused

Question 34

Explain the euthanasia evaluation point...

Answer 34

Many people would like to see the law reformed in favour of euthanasia and assisted suicide as they consider it unfair people should live in pain.