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Criminal Law - GenD

General Defences: Consent

QuestionAnswer
What crimes is consent not valid? Murder or offences where serious injury is caused
Donovan D caned girlfriend fo sexual purposes causing bruising. V consented to act so conviction quashed
Slingsby V died from internal infection from sexual activity. Consent meant no unlawful act so D not guilty of manslaughter
Tabassum The misrepresentation of being a medical professional vitiated the consent to examination of the V's breasts
Melin Complainants injected with something said to be botox and deception of qualifications allowed consent to be vitiated
Richardson No fraud as to the identity of the person performing dental treatment therefore consent applied
Williams No informed consent when choir master persuades V that engaging in sexual act will improve her voice
AGs Ref No.6 of 1980 Outlines guidelines for where consent would be implied - here consent not valid for street fight for public policy reasons
Brown & Others Consent not valid for GBH (sadomasochism) for public policy reasons (inflicting pain for no good reason)
Wilson D brands his wife with her consent - valid because it's distinguished as body adornment unlike Brown
BM Distinguishes Body Modification from body adornment
Barnes Contact sports are exceptions to general rule that consent is no defence to bodily harm (Held: V consented to that level of harm)
Dica Despite consent to sex, there was no consent to being infected with HIV, so defence failed
Jones Horseplay of tossing V in air resulted in ruptured spleen and broken arm - Consent applied due to mistaken belief in consent
Aitken Horsplay of setting light to RAF colleague - consent applied due to mistaken belief in consent
Emmett Heterosexual couple engages in sadomasochist behaviour (suffocation/breasts set alight) - Consent failed
Leech Man publicly crucified - consent failed as GBH is unnecessary and there is no good reason (lack of public benefit)
Created by: Oscar.G
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