Consent

Question 1

What are the two questions to ask for the defence of consent?

Answer 1

1 Can V consent to the crime?
2 Did V actually consent?

Question 2

Can a victim consent to common assault/battery?

Answer 2

Yes – consent possible.
Case: R v Slingsby – vigorous sexual activity.

Question 3

Can a victim consent to murder?

Answer 3

No – you can never consent to murder.
Case: Pretty v UK – assisted suicide.

Question 4

Can a victim consent to s18 GBH/wounding?

Answer 4

No – consent not allowed.
Case: R v Leach – nailed to cross.

Question 5

Can a victim consent to s47 ABH or s20 GBH?

Answer 5

Generally no, except recognised exceptions.

Question 6

Which case shows consent usually invalid for s47/s20 injuries?

Answer 6

R v Brown – consensual sadomasochism; consent rejected.

Question 7

Exception: properly conducted sport – what does this mean?

Answer 7

Injuries allowed if within rules of sport.

Question 8

Exception: rough horseplay – key case?

Answer 8

R v Aitken – soldiers set friend on fire; no intent to cause harm.

Question 9

Exception: personal adornment – example case?

Answer 9

R v Wilson – branding buttocks allowed.

Question 10

Exception: medical treatment – what is required?

Answer 10

Patient consents knowing risks.

Question 11

Which case shows mere submission is not consent?

Answer 11

R v Olugboja – absence of ‘no’ is not presence of ‘yes’.

Question 12

What test determines if someone is capable of consenting?

Answer 12

Gillick competence test.

Question 13

What does Gillick competence require?

Answer 13

Victim must have maturity, intelligence, and understand nature and consequences.

Question 14

What must be true for consent to be valid?

Answer 14

Consent must be genuine.

Question 15

Which case shows deception about identity negates consent?

Answer 15

R v Newland – deception about identity invalidates consent.

Question 16

Can consent ever be implied?

Answer 16

Yes – everyday contact like jostling in crowds or sport.