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Evaluation of Consent (If D can successfully argue the defence of consent…
Evaluation of Consent
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consent has attracted criticisms and calls for reform. An early review by the LC argued that there was a lack of clarity over reasons for allowing and denying it
recent scoping paper on non-fatal offences in 2015, reaffirmed that consent is extremely complicated but they have not proposed a reform
law must create a balance of competing interests, of individual freedoms and the wider interests of society
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COA in AGs ref (No6) 1980, allowed to consent to assault or battery but not more serious unless falls under a lawful exception as it is not in the public interest
law takes an authoritarian approach and decides the 'good reasons' e.g properly conducted sport, surgery, bodily adornment, rough horseplay and dangerous exhibitions
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inflicting pain for sexual pleasure. Templeman stated that ' pleasure derived from infliction of pain is an evil thing'
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1994, LC consultation discusses the view that a person's body is their own but the approach was rejected highlighting illegal drugs as an example when law should limit complete body freedom
In Leach 1969, the D was liable after he attempted to crucify a man at his request. His activity is clearly not in the public interest due to moral values placed on the sanctity of life
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cases like Wilson highlight inconsistency and led to allegations of discrimination against the homosexual D's in Brown. However when the case was taken to the ECtHR, it was not proven
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in Burrell v Harmer, the V's consented to being tattooed but they didn't understand the risk of infection that came with it so it wasn't valid
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where consent is obtained through fraud, it is logical that the consent is not valid. In Tobassum an IT lecturer pretended to be a medical professional to examine woman's breasts and he was rightfully convicted
rules are controversial- despite having the mental capacity to consent to assisted suicide it was denied in the case of Dianne Pretty who had motor neurone disease
consent is not a static concept. In 2010, the DPP released a set of guidelines regarding assisted suicide
there is currently a Bill on assisted suicide being debated in parliament currently, but it is too early to say how the law will evolve
we can consent to withdrawing treatment as seen in the case of Ms B and a court order can even be given for this (Airedale NHS Trust v Bland)
complete overhaul of the rules is unlikely. the consultation paper 'Consent in Criminal Law' didn't propose any radical changes, it just accepted
comments on the transmission of disease and whether the rules should be reformed. In Dica, the D knew he had aids and infected woman who didn't know so the consent was not valid.
strong body of opinion that the transmission of disease through intercourse should never be criminal unless intentional
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