GDL Law Notes GDL Criminal Law Notes
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
The following is a more accessible plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Sometimes unclear if consent forms part of the AR (absence of consent) (R v Brown)or stands alone as a defence – but treated as a defence for purpose of GDL
Two elements: whether the V consented, and whether the D believed the V consented
It is for the prosecution to prove that the V did not consent and that the D did not believe in his consent R v Donavon
When is consent a defence to an offence against the person?
The general rule:
Consent is only available to assault and battery: AG’s Reference (No 6 of 1980): ‘it is not in the public interest that people should try to cause or should cause each other actual bodily harm for no good reason’: only ‘minor struggles’
Rule was confirmed by HL in R v Brown: homosexuals causing injury to each other – defence of consent failed as couldn’t be used for anything greater than a battery unless it fell under one of the accepted ‘good reasons’ such as ‘organised sporting contests and games, parental chastisement or reasonable surgery’ per Lord Jauncey
R v Meachen: extension of consent to include more serious harm (s 47 ABH) in certain circumstances:
Consent available where the D intended only to commit a battery with the consent of the victim and did not see the risk of inflicting ABH
If however the D intended to cause ABH, then consent is not available as a defence, even if the V consented
Situation regarding being reckless as to causing ABH with V’s consent is still unclear
The Exceptions
Medical Treatment:
Consent can be given for surgery and other medical treatment which causes GBH / risk of death
Sport:
Any incidental injury caused whilst playing within the rules of the game will not be an offence
Consider factors such as the type of sport, the level at which it is played at, the nature of the act, the degree of force, the risk of injury, state of mind of the D
R v Barnes: CA said criminal prosecution should be reserved for situations where conduct is sufficiently grave to be categorised as criminal
Here late tackle in a football match – jury had to consider whether it was so obviously late and/or violent that it ws not to be regarded as an instinctive reaction, error or misjudgement in the heat of the game
R v Billinghurst: B punched G fracturing his jaw in 2 places – jury decided that consent had been given – Mervyn Davies (former Welsh International) said that punching is the rule not the exception in the modern game!
R v Coney: Failing to comply with proper rules in Boxing – consent was no defence
Horseplay:
R v Jones: CA allowed consent as boys have always indulged in rough and undisciplined play amongst themselves
R v Aitken: drunken RAF officers setting fire to one another – conviction quashed relying on Jones
R v Richardson and Irwin: conviction quashed as trial judge had not directed jury to consider consent
Sexual gratification/accidental infliction of harm/personal adornment
Consent will be considered on a case-by-case basis: no hard/fast rules
R v Brown: activity was not deemed to be a suitable exception – examined the nature of the act rather than the circumstance in which it occurred
Brown accords with earlier decision in R v Boyea (inserted fist into V’s vagina) – violent...
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A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
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