Upgrade to remove ads
Only $35.99/year

Defences for OAPA

Terms in this set (19)

What is smacking children called under the law?
Reasonable Chastisement
CONSENT:
V must have capacity to give consent - being a child generally negates this capacity
Gillick
CONSENT
All adults are presumed to be able to give consent unless they have particular learning difficulties / mental disorder
Re: MB 1997
CONSENT
D inserted his hand into Ds vagina and twisted it.
Held - guilty - suggests that where D causes greater harm than intended even with consent on the initial assault / battery.
However, whether V consented to initial assault / battery is questionable
Boyea
CONSENT
D inserted his finers into V's vagina and anus but the ring he was wearing cut V and she later died.
Held - V consented to vigorous sexual activity and although greater harm ensued, it was not foreseeable so the initial consent could apply to the greater harm.
Slingsby
CONSENT
D inserted his finger into Vs anus. V suffered serious injury and forced to have a colostomy bag.
Held - Ds initial consent to being penetrated was good consent to any harm greater than batter when it is unforeseen and unintentional.
Meachen
CONSENT
Gay men engaged in consensual sadomasochistic activity.
Held - 3:2 majority held that you cannot consent to anything greater than an assault / battery
R V Brown
CONSENT
D branded his wives bum with his initials at her request
Held - act was similar to tattooing (pain was not inflicted only for the purpose of pleasure, but for an end result).
Consent = defence
Wilson
CONSENT
D poured lighter fuel over V's breasts and set her on fire = consent not a defence
Emmet
CONSENT
Academic commentator that talks about 'willful blindness' in relation to HIV transmission
Cherassky
Sport:
Where the harm caused is above and beyond what the rules permit / is necessary, D commits an offence subject to fulfilling the MR
Bradshaw
Sport
nature of the act, degree of force used and Ds state of mind should all be taken into account
Barnes
Horseplay:
Consent between children to rough horseplay negates any recklessness that may be attached to their actions where there is no intention to injure
R V Jones
Horseplay
RAF officers setting each other on fire in their fireproof clothing
Same rule applies for adults as it dos children
Aitken
Horseplay
D dropped V, a non swimmer over a bridge into a river below. V had been fighting for this not to happen.
Did not constitute as rough horseplay convicted of manslaughter
R V A
Sets with similar terms