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Medical negligence

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examination focus

The defence of consent

Craig Beauman outlines the key cases and debates around the defence of consent to help you prepare for the 2016 OCR G154 Criminal Law Special Study

In Gillick (1985) the court held that a child with sufficient mental maturity coupled with sound understanding could consent to medical treatment

This ‘Examination focus’ is relevant to OCR A2 Units G153 and G154 (Summer 2016), AQA A2 Unit 3 and WJEC A2 Unit 3.

In the context of non-fatal offences against the person, consent is perhaps the most commonly used defence. In Venna (1976), the court stated that threatening to apply force to a person, or applying the force, does not amount to common assault if it is consented to. This may sound strange, but when analysed makes perfect sense, depending on the circumstance.

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Medical negligence

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Law Teacher of the Year: A-level teacher shortlisted

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