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Consent

QuestionAnswer
CONSENT CASES
Donovan (consent) D caned 17 yr old girl for sexual gratification, caused bruising and charged with battery Held: not guilty - no battery as with consent from V there was no unlawful force
Slingsby (consent) 'vigorous' sexual activity, V died from blood poisioning caused by D signet ring D not guilty. V consented to injuries. No unlawful act (assault or battery) so no unlawful act manslaughter
Olugboja (consent) V raped by another man, then submitted to D raping her CA: submission is not consent. D convicted rape. Jury must decide if consent is REAL
Dica (consent) D knew HIV positive and had unprotected sex with two women - charged s.20 CA: ordered re-trial, jury should have been allowed to decide if Vs had given REAL CONSENT
Richardson (consent) struck-off dentist peformed treatment badly (ABH) Held: fraud does not invalidate consent unless you (1) lie about identity or (2) nature and quality of their act
Brown (consent) consenting adult S&M causing s.47 and s.20 injuries HL: upheld convictions by 3/2 majority. Public policy reasons, danger of spreading HIV and enticing young people into deviant sexual practices
Wilson (consent) husband branded his name on wife's buttocks with a hot knife, she needed medical treatment Held: not guilty branding was like a tattoo which is legal. Also they were in a "loving and commited relationship" privacy of own home
Jones (consent - horseplay) older boys caused serious injuries to younger boys, mistakenly believed they consented to horseplay Held: mistaken belief OK as GENUINE. Can consent to serious injuries from horseplay!!!
Aitken (consent) RAF officers poured white spirit over V in drunken game to see if flight suit stopped fire, mistakenly believed V would consent Held: consent available GENUINELY believed V would consent
Barnes (consent) Held: "off" the ball play more likely to be criminal - breach of sports rules must be serious
Emmett (consent) 'high-risk' sexual activity injuries to V CA: consent could not be defence to serious injuries Cf: case of Wilson
Pretty (consent - euthanasia) Pretty suffered from motor-neurone disease and applied to HL to not prosecute her husband HL: refused to allow husband to assist suicide (criminal act) - you cannot consent to die - slippery slope and sanctity of life arguments
Created by: Rich Whitaker
 

 



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