Consent Flashcards
the defence of consent…
the defence of consent may apply which can be used for non fatal offences but not to fatal offences
the general rule is….
the general rule is that it is not in the publics interest to cause each other bodily harm
however, there is an exception…
however there is an exception where it is in the publics interest to allow the defence of consent where boldily harm is caused set out Attorney General Reference (No 6 of 1980)
Examples are…
Examples are reasonable surgical interference, male circumcision for religious purposes, lawful chastisement if reasonable and propionate and is not cruel under the Children Act 2004 and also in games and sports where injury takes place within the rules of the game as in Barnes.
street fighting…
street fighting however is unlawful regardless of consent
In addition…
In addition, there is implied consent to ordinary jostilings of everyday life where in theory a battery has taken place as in Wilson V Pringle and to rough horse play meaning friendly violence as in Jones
consent can be given to…
consent can be given to the risk of infection when having sex but not if the intention is to spread the infection as in Dica
consent is not a defence to…
consent is not a defence to sado-masochistic activites as in brown and in emmet
however consent could be a defence to…
however consent could be a defence to such acts if it is considered to be body adornment such as tattoos and piercings as in wilson
the consent must be…
the consent must be real which means the victim has full knowlegde of the releveant facts and there must be no deception as in DIca and Tabbasum.
A Genuine mistake…
a genuine mistake that the victim is consenting may be acceptable as in aitken
