Consent Essay

Question 1

Intro

Answer 1

Define consent from Tabassum to Wilson v Pringle

Question 2

Para 1

Answer 2

• D must tell V if they have HIV/AIDS
• Priorities wellbeing of potential victim
• However, D is obligated to share medical conditions and loses right to privacy
• There is moral issues in the defence

Question 3

Para 2

Answer 3

• Sexual activity short of vigorous comes under accidental injury but sado masochistic sex comes under intentional injury
• Injustice for victims (may feel harshly done by and face longer sentences as juries decide)
• However, there must be a separation of these bc of the level of degree each one is

Question 4

Para 3

Answer 4

• Consent is not a defence to S47 offences unless accidental injury (including dangerous exhibitions - use case for street fighting)
• Important to allow defence otherwise contact sports would be unlawful
• These bring a lot of money into the economy
• However, any contact must be inside the rules of play so consent is not always a defence here.

Question 5

Para 4

Answer 5

• Consent is never a defence to euthanasia
• Someone suffering should be able to have dignity to take their own life
• It is the lesser of two evils
• Those who help others with terminal illnesses should be permitted this defence

Question 6

Para 5

Answer 6

• Defence should not be available in horseplay cases (Law Commission 2015)
• They believed it can be misused and lead to serious injury
• However, as long as both parties consent there should not be an issue as there is always a foreseeable risk of harm