Consent

Question 1

What are the two questions to ask to prove consent?

Answer 1

1. Can V consent to the crime?
2. Did V really consent to the crime?

Question 2

R v Slingsby

Answer 2

Consent can be used as a defence for common assault

Question 3

Pretty v UK

Answer 3

Consent is never a defence to murder

Question 4

R v Leach

Answer 4

Consent can never be used as a defence to a crime under s18

Question 5

R v Brown and Others

Answer 5

Consent CANNOT GENERALLY be used as a defence to a s20 charge

Question 6

exceptions to general rule in s20 and s47

Answer 6

-properly conducted games and sports

-rough horseplay

-medical treatment

• personal adornment

Question 7

Rough horseplay case example

Answer 7

Aitken

Question 8

personal adornment case example

Answer 8

Wilson

Question 9

R v Olugboja

Answer 9

Submission is not consent

Question 10

What 3 things must be considered, to see if V actually consented?

Answer 10

• Capacity to consent

-consent must be genuine

-consent can be implied

Question 11

Gillick

Answer 11

A person has capacity to consent, if they are Gillick Competent

V must have sufficient maturity, intelligence, and understanding of the nature and consequences of what they are consenting to.

Question 12

R v Newland

Answer 12

ingenuine consent

Question 13

What is implied consent?

Answer 13

Consent you give by being in a certain area/ doing a certain thing. e.g sport.