Law Paper 1 - Section B - Consent fit for purpose in modern times Flashcards
(18 cards)
What is the general principle of consent in non-fatal offences?
On some occasions, consent of the victim may prevent the defendant from incurring liability for what would otherwise be an offence. Generally, a victim may consent to assault or battery.
What was stated in Collins v Wilcock (1984) regarding consent?
People are taken to impliedly consent to the ‘physical contacts of ordinary life.’
What limitations exist on the defence of consent?
If the defendant has inflicted injury amounting to ABH or worse, the defence of consent will not be allowed unless the activity falls into the category of exceptions.
Is consent a defence for murder?
No, consent is not a defence for murder.
What makes consent valid?
Consent is valid only if the victim understands the nature of the act and knows exactly what they are consenting to.
What is the significance of Burrell v Harmer (1967)?
The consent of two children aged 12 and 13 to being tattooed was held to be invalid as they did not understand the nature of the act.
What does the Mental Capacity Act 2007 state about capacity?
A person lacks capacity if they are unable to make a decision for themselves due to an impairment of the mind or brain.
What are the four reasons a person cannot make a decision according to the Mental Capacity Act?
a) Unable to understand relevant information, b) Unable to retain information, c) Unable to use or weigh information, d) Unable to communicate their decision.
What is required for informed consent?
The victim must be informed about the identity of the defendant and the nature and quality of their act.
What was the ruling in R v Dica (2004) regarding informed consent?
The victims had not consented to the risk of HIV infection as they were unaware that the defendant was infected.
How does fraud affect consent?
Fraud will only invalidate consent if the victim is deceived about the identity of the defendant or the nature and quality of their act.
What are some exceptions where consent may still apply?
Exceptions include surgery, tattooing and piercing, sports, horseplay, and certain sexual acts.
What is the principle regarding consent in surgery?
Patients can consent to injuries inflicted during surgery as it is for their benefit.
What did R v Billinghurst (1978) establish about consent in sports?
Participants can consent to injuries sustained during the course of a game.
What is the ruling regarding horseplay?
The courts have accepted consent as a defence even to serious injury sustained during horseplay.
What was the outcome of R v Donovan (1934) regarding sadomasochistic acts?
The court suggested that the victim’s consent could not be regarded as a defence due to the sadomasochistic nature of the act.
What is the controversy surrounding euthanasia and consent?
Currently, consent cannot operate as a defence to murder, which raises debates, especially concerning terminally ill patients.
What did the Law Commission review in 1995?
The Law Commission reviewed the defence of consent in their paper ‘Consent in the Criminal Law’, but no real reforms were suggested.
