R v Richardson [1999] QB 444

Court of Appeal

Facts: The defendant, a disqualified dentist, continued to provide dental treatment without disclosing her disqualification to patients. The patients consented to treatment based on her identity as a dentist, though they were unaware of her disqualification.

Held: The court quashed the conviction, finding that fraud only vitiates consent if it concerns the nature of the act or the identity of the person performing it. The disqualification affected qualifications, not the nature of the treatment or the dentist's identity.

Key Quote: Waller LJ: "The identity of the person is different from a person’s qualification... The patients were fully aware of the identity of the person treating them.”

💡Levelup: This case distinguishes between fraud affecting the nature of the act and fraud regarding qualifications, showing that consent remains valid when patients are aware of the performer’s identity, even if their qualifications are fraudulent.