consent

Question 1

what are the issues with consent

Answer 1

is the consent genuine
what offences can a person consent to

Question 2

what does consent do to the offence

Answer 2

it makes it legal so there is no offence

Question 3

give 2 cases where consent was accepted

Answer 3

R v Slingsby
R v Donovan

Question 4

what must the consent be to have the defence

Answer 4

genuine

Question 5

what factors can consent be affected by

Answer 5

fraud as to the identity of D or act
the ablity of v to give consent eg age
consent through fear
nondisclosure of disease

Question 6

give cases for consent affected by fraud of the identity of D or the act

Answer 6

R v Tabassum
R v Melin

Question 7

give cases for consent affected by the ablity of v to give consent

Answer 7

Barrell v Harmer

Question 8

give cases for consent affected by consent through fear

Answer 8

R v Olugboja

Question 9

give cases for consent affected by the non disclosure of disease

Answer 9

R v Dica
R v Goulding

Question 10

give a case for implyed consent

Answer 10

R v Wilson and Pringle

Question 11

what is implyed consent

Answer 11

in some cases eg crowds where touching is enevitable the courts will imply consent to touching which will otherwhise be battery

Question 12

can a person consent to murder

Answer 12

no

Question 13

give a case for not being able to consent to murder

Answer 13

Pretty v United Kingdom
R v Ministry of Justice

Question 14

can a person genraly consent to any of OAPA

Answer 14

no

Question 15

what case laid out exeptions for consenting to OAPA

Answer 15

A-G ref (no 6 of 1980)

Question 16

what are the exeptions laid out in A-G ref (no 6 of 1980)

Answer 16

you could consent to harm in
-properly conducted games/sports
-dangerous exhibitions
-reasonable sergical interferance
-lawful chastisement or correction (england only)

Question 17

can you concent to agressive contact sports

Answer 17

only public matches conduscted with protective equipment a referee and within the rules are lawful

Question 18

is street fighting consentable

Answer 18

no

Question 19

when in sport could you break the rules of consent + case

Answer 19

‘only where conduct is sufficiently grave to be properly categorised as criminal’
R v Barnes

Question 20

what else does R v Barnes say

Answer 20

circumstances when sporting injuries are more likelt to be considered criminal

Question 21

what are the circumstances when sporting injuries are more likelt to be considered criminal

Answer 21

-intentialy inflicted injuries
-injury was inflicted recklessly
-off the ball injuries

Question 22

what is the lawfor body adornment

Answer 22

in most circumstances v will give express consent to a peirceing or tattoo which is concidered to have social utility

Question 23

what act covers body adournment + a case

Answer 23

tattooing of minors act 1969
R v Wilson

Question 24

give a case for body modification

Answer 24

R v B M Dr evil

Question 25

what is the law over body modifications

Answer 25

cirtain body modifications cannot be consented to

Question 26

when can you always consent to medical procedures

Answer 26

when surgery is needed to save life or improve health

Question 27

who can consent be given by for medical procedure

Answer 27

the person a relative of the person

Question 28

can consent for medical procedures be refused

Answer 28

yes

Question 29

what is the case for medical consent for under 16s

Answer 29

gillick

Question 30

what does the law say in relation to horse play

Answer 30

the law reckognises that consent my be mistaken

Question 31

what will happen if D holds a genuine mistaken consent

Answer 31

this may be enough for the defence even if D is mistaken

Question 32

is chastisement of children legal

Answer 32

yes in england not wales

Question 33

give a case for chasitsement of children

Answer 33

A v Uk

Question 34

what act covers chastisement of children

Answer 34

s58 children act 2004

Question 35

give some cases for horse play in consent

Answer 35

R v P R v Jones R v Aitken

Question 36

is consent genraly a defence for sado-Masochism

Answer 36

no

Question 37

give a case for sado masochism and consent

Answer 37

R v Brown R v emmett R v Wilson