2024 Exam Questions and Answers
100% Pass
Type of defence - Answer>>Common law full defence to some
non-fatal offences
What is applies to and exceptions - Answer>>Does not apply to
section 47 OAPA or more serious injury unless:
- consent is a defence to assault and battery
- it is not a defence to ABH or greater harm unless it comes within
established exceptions A-Gs Reference (6 of 1980)
- never available for murder (Nicklinson 2014)
General rule - Answer>>- Consent is available for assault and
battery but in the case of a wound or ABH consent is only valid if
there is a legally recognised good reason (public interest).
- A-Gs Reference 6 not 1980- D's had agreed to settle their
differences through a street fight and tried to rely on the defence
of consent.
Exceptions in the public interest - Answer>>- reasonable
surgical procedures (medical procedures)
- body art (piercings, tattoos)
- properly conducted games and sports
- horseplay
- dangerous exhibitors (stunt riders or circus performers)
Medical procedures - Answer>>If a patient who is mentally
capable refuses an operation or even a blood transfusion then
such treatment cannot be given. Ritual circumcision is allowed but
not ritual female mutilation.