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unit 1: section B
The defences
consent
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A Levels !! > Law > Unit 1 > unit 1: section B > The defences > consent
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how must consent be given?
The
consent
given must be
willingly
given and the victim must be
aware
of what they are
consenting
to.
when can the victim not consent to GBH or ABH?
During
sado-masochism
and
fighting
what are the exceptions to the rule of consent?
Horseplay
Tattoos
/
body adornment
Physical sports
Surgical operations
what
is the general rule of consent?
We cannot consent to any form of
ABH
onwards
What
is the significance of the case of r v Jones and another?
It shows how
young
people may consent to gbh and abh in the context of horseplay, but very
young
people cannot give valid consent
what
is the significance of the AG's reference in 1980?
It gives the
general
rule of consent, and also states that
street-fighting
isnt allowed
what is the significance of the case of r v Aitken?
It shows how adults can consent to
ABH
and
GBH
What is the significance of the case of r v
Billinghurst
?
It shows how the V can
consent
to
ABH
and
GBH
when participating in a game, however the
injury
must be
caused
in the
normal
course
of the game
what is the significance of the case of r v brown?
It shows how the V cannot consent to serious harm if it is inflicted for the sexual gratification of themself or the D
What is the signifiance of the case of r v tobassum?
It is an example of consent not being
genuine
What is the significance of the case of r v wilson?
It shows where the V
can
consent to
ABH
and
GBH
in
connection
to
tattoos
and
body
adornment
When can consent be used in the context of physical sports?
If the
injury
caused was ordinarily incidental to the
game.
what
offences can consent not be given for ?
Murder
and
GBH
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