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Paper 1 Section B
Defences
Consent
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Cards (16)
What are 5 activities in the public's interest?
Medical procedures
body art
properly conducted games
and
sports
horseplay
dangerous exhibitions
what do medical procedures include?
both the giving of
consent
and the withdrawing of
consent
Give two examples of medical procedures?
it is possible to consent to
ritual circumcision
but not
FGM
it is possible to refuse a
blood transfusion
What case is used for body art?
Wilson
What happened in Wilson?
a husband
branded
his wife's
buttocks
with his
initials.
Considered close enough to a
tattoo
to be allowed
What does properly conducted games and sports mean?
This should be an
official game
or
sporting activity
What is the case of Barnes?
A
heavy tackle
during an
amateur football
match
What are the two rules resulted as a consequence of Barnes?
The
contact
must be within the
rules
of the
game
only conduct that is
extreme
or
seriously grave
would be
categorised
as
criminal
What is horseplay?
rough physical play
What case is used with horseplay?
Jones
What happened in Jones?
Horseplay
was allowed provided there was no
intent
to cause injury.
Birthday bumps
what type of activity is NOT a recognised exception?
sadomasochistic
activity
Consent is not real if a patient consents to what two things?
One
type of treatment but a
different
one is carried out
A
medical professional
carrying out a treatment but the person is
unqualified
There must be consent to
The
nature
and
quality
of the act
the
identity
of the person carrying out the act
What is minor consent?
minor touching
-
everyday life activities
What is a case for mistaken belief in consent,
and
what happened?
In
aitken
RAF officers believed
it was okay to set fire to their friend because
it
was
done as a
practical
joke