Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
29 Cards in this Set
- Front
- Back
|
What do all non-fatal offences require?
|
the use of unlawful force
|
|
|
What type of defence is consent?
|
a complete defence - making actions lawful
|
|
|
what are there limits on?
|
how far an individual is free to consent to harm
|
|
|
What do the limits of consent depend on?
|
the nature and degree of harm caused
|
|
|
Why does consent operate?
|
because the courts recognise that individual's have autonomy over their own lives
|
|
|
What offences can you not consent to?
|
Murder as in Diane Pretty v UK 2002, GBH and sometimes ABH
|
|
|
When may the Victim consent?
|
if the nature and degree of the harm is acceptable to the court - a public policy decision
|
|
|
What happened in AG Ref (No 6 of 1980)?
|
There was a fight in public between two youths resulting in one suffering a bloody nose and the other with an ABH charge
|
|
|
What was held in AG Ref (No 6 of 1980)?
|
it was not in the public interest that people should cause each other injuries for no good reason
|
|
|
When might fighting be legal?
|
under the Queensbury rules i.e Boxing but not bare knuckle fighting
|
|
|
Give the list of circumstance the Court of Appeal gave, in which would be lawful even if harm occured?
|
1. properly conducted games and sports
2. lawful chastisement or correction 3. resonable surgical interference 4. dangerous exhibitions |
|
|
What type of consent is there in minor touching during a contact sport?
|
implied
|
|
|
What happens when contact goes beyond what is allowed within the rules of the sport?
|
an offence is committed
|
|
|
What were the facts in Barnes?
|
D was found guilty of GBH after a late tackle in a football match
|
|
|
What was held in Barnes?
|
criminal cases should be reserved for activity sufficiently grave as to be classified as criminal
|
|
|
what is the current stance on rough play outside of sport?
|
it is lawful as in Jones
|
|
|
What were the fed acts of Jones?
|
a gang of schoolboys threw their victim into the air resulting in him having a broken arm and ruptered spleen
|
|
|
What was held in Jones?
|
the defence of consent was allowed
|
|
|
What was held in Aitkin?
|
rough and undisciplined horseplay was said to be consented to in the RAF
|
|
|
What must the victim realise?
|
what they are consenting to and who the defendant is
|
|
|
What happened in Tabassum?
|
the defendant pretended to be carrying out a medical examination but had no qualifications
|
|
|
what was held in Tabassum?
|
the defendant was convicted as he had deceived the women as to the nature and quaity of his acts
|
|
|
What happened in Richardson?
|
the defendant a dentist, had been struck off but continued to see patients
|
|
|
What was held in Richardson?
|
ABH conviction overturned because patients had consented. the nature and quality of acts were known but there was some deceit - consent still accepted
|
|
|
What was held in Burrell and Harmer?
|
the victims did not consent to ABH through tattooing because of their age - 12 and 13
|
|
|
When may a child be able to give consent?
|
if they are gillick competent
|
|
|
What was held in Brown?
|
consent was no defence and each of the participants was found guilty of ABH - due to public policy reasons
|
|
|
What was held in Wilson?
|
not an unlawful act as its not in the public's interest to criminalise actions between consenting adults.
|
|
|
Where does the burden of proof lie?
|
with the prosecution to prove the lack of consent once the defence has been raised by the defendant
|
