Consent (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
What element of actus reus does consent negate?
What element of actus reus does consent negate?
The unlawful element
Who has burden of proof for absence of consent?
Who has burden of proof for absence of consent?
Prosecution
3 essential elements of consent defence
3 essential elements of consent defence
Real consent, no fraud, socially acceptable purpose
What does 'real consent' require?
What does 'real consent' require?
Capacity to understand the nature of the act
R v Elbekkay (1995) - type of fraud?
R v Elbekkay (1995) - type of fraud?
Fraud as to identity (impersonated boyfriend)
R v Tabassum (2000) - type of fraud?
R v Tabassum (2000) - type of fraud?
Fraud as to nature/quality (fake cancer research)
R v Brown (1993) - consent to sadomasochistic acts?
R v Brown (1993) - consent to sadomasochistic acts?
Not a defence - against public policy
Sport: what force do players consent to? (Billinghurst)
Sport: what force do players consent to? (Billinghurst)
Force inherent in game, not deliberate violence
R v Dica (2004) - consent to sex & HIV?
R v Dica (2004) - consent to sex & HIV?
Consent to sex ≠ consent to HIV infection
R v BM (2018) - consent to body modification?
R v BM (2018) - consent to body modification?
Not a defence to serious modifications