Consent

What is the legal definition of consent in the context of non-fatal offences?

Consent is a common law defence that indicates the contact was legal from the beginning, negating the alleged unlawfulness.

What was the outcome of R v Slingsby [1995] regarding consent?

The court found that there was no unlawful act as the victim's consent meant there was no battery or any other offence.

What must be true for consent to be considered 'real'?

The victim must fully understand the nature of the act and have the capacity to consent.

What does the case Burrell v Harmer [1967] illustrate about consent?

It illustrates that consent from minors is not valid if they do not understand the true nature of the act.

In R v Olugboja [1982], what was determined about consent and submission?

The court determined that submission through fear does not equate to real consent.

What is the significance of fraud in relation to consent?

Fraud negates consent only if the victim is deceived about the identity of the person or the nature and quality of the act.

What was the ruling in R v Richardson [1998] regarding consent?

The court quashed the conviction, stating that fraud only negates consent if the victim is deceived about the identity of the person.

What was the outcome of R v Newland [2017] concerning consent?

The court found that consent was not valid because the defendant deceived the victim about her identity.

What factors can affect the validity of consent?

Age, mental capacity, intoxication, fear, coercion, and being fully informed can all affect consent validity.

What activities typically require consent?

Contact sports, surgery, tattooing, and sexual activities are examples of activities that require consent.

Why is consent important in legal contexts?

Consent respects individuals' autonomy and their right to make decisions about their physical interactions.

What limitations exist regarding the defence of consent?

Consent is never a defence to murder and is limited by public policy considerations.

What is the difference between legal consent and personal/autonomous consent?

Legal consent is recognized by law, while personal consent refers to an individual's own understanding and agreement.

What does the AG's Reference (No 6 1980) [1981] address?

It addresses the scope of consent in contact sports and the implied consent in everyday physical interactions.

What case established that consent can be implied in everyday life?

Collins v Wilcock [1984] established that most physical contacts of ordinary life are not actionable due to implied consent.

What is the significance of the term 'social utility' in consent cases?

Social utility refers to the public benefit of certain activities, allowing individuals to consent to risks associated with them.

What does the term 'evidential burden' mean in the context of consent?

The evidential burden refers to the responsibility of the defendant to raise the issue of consent in court.

Who bears the burden of proof to show a lack of consent?

The prosecution bears the burden of proof to demonstrate a lack of consent.

What is the legal age for consent to tattooing in the UK?

Under the Tattooing of Minors Act 1969, the age of consent for tattooing is 18 years old.

What does the case R v Brown & Others [1993] illustrate about consent?

It illustrates the limits of consent in the context of sadomasochism and the law's stance on public policy.

What was the ruling in R v Emmett [1999] regarding consent?

The court ruled that consent was not a valid defence in cases of serious harm during sadomasochistic activities.

What does the case A v UK [1998] address?

It addresses the legality of consent in the context of chastisement and the rights of individuals.

What is the role of informed consent in legal contexts?

Informed consent ensures that individuals understand the risks and implications of the actions they are consenting to.

What does R v Dica [2004] highlight about informed consent?

It highlights the necessity of informed consent in sexual activities, particularly regarding health risks.

What is the significance of R v Rowe [2017] in relation to consent?

It emphasizes the importance of informed consent in sexual relationships and the legal implications of failing to provide it.

What was the main issue in R v Tabassum [2000] CA?

The issue was whether the women consented to the touching of their breasts under false pretenses, as they believed it was for medical purposes.

What was the outcome of R v Tabassum [2000] CA?

D was convicted of indecent assault; the court held that consent was given for the nature of the act but not its quality.

What distinction did Rose LJ make in R v Tabassum regarding consent?

Rose LJ stated that the women consented to touching for medical purposes, not to indecent behavior.

What was the ruling in Bolduc and Bird [1967] regarding consent?

The Supreme Court of Canada held there was no crime because the fraud did not relate to the nature and quality of the act performed.

What is informed consent in legal terms?

Informed consent requires that the victim is fully informed of what they are consenting to, including risks involved.

What was the ruling in R v Dica [2004] CA regarding HIV?

D was convicted because the women did not consent to the risk of HIV infection as they were unaware of his condition.

What was the significance of Judge LJ's statement in R v Dica?

He emphasized that consent to sex does not equate to consent to the risk of infection if the person is unaware of the risk.

What actions did D take in R v Rowe [2017]?

D sabotaged condoms and had unprotected sex with several men, intentionally trying to infect them with HIV.

What was the outcome of R v Rowe [2017]?

D was convicted of multiple counts of causing grievous bodily harm (GBH) with intent.

What is the scope of consent in criminal law?

Individuals can consent to harm inflicted on their own bodies, but there are limits to consent for harm inflicted by others.

What is the recognized exceptions list in consent law?

It identifies activities where consent is a valid defense and those where it is not, even if participants consent.

What did Lord Lane CJ state in AGs Ref (No 6 of 1980) [1981]?

He stated that it is not in the public interest for individuals to cause bodily harm to each other without good reason.

What are examples of activities where consent is a defense?

Properly conducted games and sports, lawful chastisement, reasonable surgical interference, and dangerous exhibitions.

What was the ruling in Brown [1993] regarding boxing?

Boxing matches conducted under Queensbury Rules are lawful as they are considered skilled sports with social utility.

What is the distinction between 'on the ball' and 'off the ball' incidents in sports?

'On the ball' incidents involve consent to actions within the rules, while 'off the ball' incidents are treated as aggravated assault.

What did the court conclude about prize fights?

Prize fights are not covered by the exceptions for consent as they pose a significant risk of serious injury.

What did Cave J state in Coney [1882] about sports and assault?

A blow struck in sport is not considered an assault, while a blow struck in anger is.

What did the court find in Lee [2006] regarding organized matches?

Organized matches minimize risk and ensure proper matching of opponents, thus enhancing the validity of consent.

What is the general legal stance on consent to harm?

The law generally does not permit consent to harm above battery in everyday situations.

What is the significance of social utility in consent cases?

The social utility of an activity is weighed against the potential harm to determine if consent is valid.

What is the legal implication of consent in contact sports?

Participants consent to a higher risk of injury in contact sports, provided the activity has social utility and is conducted within rules.

What are the limits of consent in the context of bodily harm?

Consent does not extend to actions that intentionally inflict harm without justification or social utility.

What factors are considered when determining if an injury during play is criminal?

Amateur or professional status, degree of force, defendant's state of mind, risk of injury, and relevant surrounding circumstances.

What was the outcome of R v Barnes [2004] regarding consent in sports?

The conviction was quashed; criminal proceedings should only be brought if conduct is sufficiently grave to be categorized as criminal.

What does 'on the ball' mean in the context of consent in sports?

It indicates that consent is available and no offense has occurred.

What does 'off the ball' mean in the context of consent in sports?

It indicates that consent is unavailable and an offense has occurred.

What was the ruling in R v Billinghurst [1978] regarding consent?

The defendant was convicted; players do not have unlimited license to use force beyond what is reasonably expected in the game.

What is the legal stance on consent in dangerous exhibitions?

The law allows consent to some harm in entertainment, but not to extreme acts like crucifixion.

What was the ruling in R v Leach [1969] regarding consent and crucifixion?

The defendants were convicted as the act was not socially beneficial.

What is the legal principle regarding consent in surgery?

Surgeons incur no liability for necessary invasive procedures with patient consent, but fraudulent consent negates legality.

What was the outcome of R v Bramhall [2017] regarding consent?

The defendant was convicted as consent was negated by fraud regarding the nature of the action.

What was the outcome of R v Paterson [2017] regarding consent?

The defendant was convicted of multiple counts as consent was negated by fraud regarding the quality of the action.

How is horseplay defined in legal terms?

Horseplay is defined as 'rough and undisciplined play, where there is no anger and no intention to cause bodily harm.'

What was the ruling in Jones and Others [1987] regarding mistaken belief in consent?

The court quashed their GBH convictions, finding that a genuine mistaken belief in consent could support a defense.

What was the outcome of Aitken and Others [1992] regarding practical jokes?

Their convictions were quashed as the belief in consent was deemed genuine, despite the serious injury.

What was the significance of R v P [2005] regarding consent in practical jokes?

The manslaughter conviction was upheld as there was no genuine belief in consent; the victim was physically struggling.

What does the s.58 Children Act 2004 state about chastisement?

Chastisement is lawful only if it amounts to battery and not to more serious offenses like ABH.

What was the ruling in A v UK [1998] regarding chastisement?

The court found the use of a garden cane constituted inhuman or degrading treatment, breaching Article 3.

What changes occurred in Scotland and Wales regarding chastisement laws?

Scotland banned chastisement in November 2020, and Wales voted to ban it, effective in 2022.

What is the legal stance on consent for tattooing and body modification?

Consent is a defense for piercings, brandings, and tattooing if the victim has the capacity to consent.

What was the outcome of R v Wilson [1997] regarding consent in branding?

The conviction was quashed as it was not in the public interest to criminalize consensual behavior between adults.

What was the main argument in R v Barker [2009] regarding consent?

Consent was available for scarification, as it was deemed not more dangerous than tattooing.

What activities were involved in the R v Barker case?

Scarification, including tying up, whipping, and cutting symbols into the skin.

What was the outcome of R v Barker [2009]?

The conviction was quashed on appeal, allowing for consent in scarification.

What did Glazebrook J state about scarification in R v Barker?

Scarification serves various cultural functions and should not be prohibited.

What was the significance of R v McCarthy [2019]?

It was the first prosecution for body modification, resulting in a 3-year and 4-month sentence.

What procedures did Brendan McCarthy perform that led to his conviction?

Ear removal, nipple removal, and tongue splitting.

What was the court's view on consent in R v McCarthy?

Consent was not a valid defense as the procedures were akin to cosmetic surgery.

What did the judge highlight about McCarthy's qualifications?

He had no qualifications to perform surgical procedures or manage adverse consequences.

What is the legal stance on vigorous sexual activity regarding consent?

It is allowed as long as there is no intention to cause injury and the activity is consensual.

What is the legal view on sado-masochism that causes injury?

It is not tolerated as it involves deliberately inflicting injuries for sexual gratification.

What was the ruling in R v Brown [1993] regarding sado-masochistic activities?

Convictions were upheld as such activities were deemed injurious and dangerous to society.

What did Lord Templeman state about the nature of sado-masochistic violence?

It involves cruelty and degradation, which society must protect itself against.

What was the outcome of Laskey, Jaggard and Brown v UK [1997]?

The court upheld the prosecutions, stating justified interference by the state was necessary.

How did Wilson [1997] differ from Brown [1993]?

Wilson involved no aggression and was akin to tattooing, thus not treated as criminal.

What was the court's reasoning in Emmett [1999] regarding consent?

Consent was not a valid defense due to the severe potential harm involved.

What actions did D take in R v Emmett that led to legal intervention?

He placed a plastic bag over V's head, causing distress and risk of death.

What was the outcome of the medical evaluation in R v Emmett?

Severe bruising and potential brain damage were confirmed, indicating serious risk.

What did the judges in Brown [1993] conclude about the risks of sado-masochism?

The risks of injury and infection made such activities unacceptable under the law.

What did the court emphasize about personal autonomy in body modifications?

While personal autonomy is important, it cannot justify procedures that pose serious risks.

What is the public interest stance on body modifications according to the cases discussed?

The law seeks to balance personal autonomy with the need to protect public health and safety.

What did the judges in R v Brown say about the enjoyment of family life?

Activities involving violence for pleasure do not enhance family life or societal welfare.

What did the dissenting judges in Brown argue regarding consent?

They believed consent could be effective against ABH charges, particularly in non-aggressive contexts.

What cultural significance did the court recognize in scarification practices?

Scarification can serve as a rite of passage or have deep spiritual significance in various cultures.

What is the legal distinction made between tattooing and body modification procedures?

Tattooing is lawful, while body modifications that resemble surgical procedures may not be.

What was the court's view on the potential for harm in sado-masochistic practices?

The unpredictability of harm in such practices justified legal intervention.

How did the court view the relationship between consent and public safety?

Consent cannot override the need for public safety and health protections in potentially harmful activities.

What was the outcome of D's appeal in the case regarding s.47 ABH?

The appeal was rejected; D's actions could not be considered 'rough and undisciplined love-play'.

What does s.71 of the Domestic Abuse Act 2021 confirm?

It confirms that a person cannot consent to harm resulting in ABH or more serious injury for sexual gratification.

What is the first question to determine if consent might be available?

Has V suffered at least ABH?

In which case was it established that consent might be implied in everyday contact?

Collins v Wilcock [1984]

What factors can invalidate consent according to the law?

Issues of capacity, fear, fraud, and informed consent.

What is the significance of the case Tabassum [2000]?

It illustrates that consent is invalid if V is misled about the nature of the act.

What must be demonstrated for consent to be considered valid?

V must be fully informed of all necessary facts and able to understand the true nature of the contact.

What does the case Dica [2004] highlight about consent?

Withholding crucial information (like HIV status) can vitiate consent.