Consent

Question 1

What are the two questions asked?

Answer 1

Can V consent to the crime?
Did V really consent to the crime?

Question 2

Can V consent to Assault and Battery?

Answer 2

Yes, R v Slingsby

Question 3

Can V consent to Murder?

Answer 3

No, Pretty v UK

Question 4

Can V consent to section 18 GBH/Wounding ?

Answer 4

No, R v Leach. Too close to attempted murder

Question 5

Can V consent to S20 and S47?

Answer 5

No, R v Brown and others. 4 EXCEPTIONS

Question 6

1st Exception to S20 and S47

Answer 6

PROPERLY CONDUCTED games and sports. However have to stay within the rules of the game

Question 7

2nd Exception to S20 and S47

Answer 7

ROUGH HORSEPLAY. D Cannot intend to cause ANY harm. Aitken. Drunken and mistaken beliefs can be a defence to horseplay

Question 8

What are the 4 exceptions to S20 and S47?

Answer 8

1. Properly conducted sports and games
2. Rough Horseplay
3. Tattooing/Branding
4. Medical Treatment

Question 9

3rd Exception to S20 and S47

Answer 9

R v Wilson. Consensual within marriage, and requested by V.

Question 10

4th Exception to S20 and S47

Answer 10

Medical treatment e.g. surgery provided V has given true consent to the medical activity and knows the risks involved

Question 11

What is the main case for DID V really consent?

Answer 11

R v Olugboja, there must be a presence of yes rather than an absence of no.

Question 12

What are the 3 things to consider if V actually consented?

Answer 12

1. Capacity/Capability to consent
2. Consent must be genuine
3. Consent can be implied

Question 13

V must be capable of consenting case

Answer 13

Gillick. A person has capacity to consent if they are ‘Gillick competent’. V must have sufficient maturity, intelligence and understanding of the nature and consequence of what they are consenting to.

Question 14

Consent from V must be genuine case

Answer 14

R v Newland. If D lies to V/Deceives V about his/her identity, this will negate V’s consent.

Question 15

Consent can be implied from V

Answer 15

Consent when taking part in an activity e.g. contact at a party or a crowded tube