7. Defences Involving Other People - Consent Flashcards
Define consent?
‘Consent’ is a person’s conscious and voluntary agreement to something desired or proposed by another
What did the court say about consent in R v Cox?
In R v Cox the Court found that consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.”
What did the court say in R v Cook?
the Court in R v Cook found that to be effective, consent must be “real, genuine or true consent, and may be conveyed by words or conduct or both”.
What are the comlexities of assault as they relate to consent?
Many acts that are harmless and lawful in normal circumstances can become unlawful if they are done without the consent of the person who will be affected by them.
Consequently, defining assault can be complex.
Identify the guidelines to consent regarding assault?
Must Know
- Everyone has a right to consent to a surgical operation.
- Everyone has a right to consent to the infliction of force not involving bodily harm.
- No one has a right to consent to their death or injury likely to cause death.
- No one has a right to consent to bodily harm in such a manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons.
- It is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another.
Are there any sections in CA61 that exclude consent?
A number of sections in the Crimes Act 1961 – in particular, those relating to indecency – specifically exclude consent as a defence. A notable example of these exceptions is consent to death (s63).
What did the court reaffirm n R v Nazif?
The Court reaffirmed that it is always up to the prosecution to
prove that someone did not consent but it appears that this onus only arises if
there is evidence from which consent can reasonably be inferred.
