Consent

Question 1

AGR

Answer 1

Abh and above can’t use consent
Not in public intrest to promote causing ABH for no good reason

Question 2

Donovan

Answer 2

Meets 17 year old girl and beats her buttocks. Claimed consent.
If blows were likely to intend or cause bodily harm d is guilty

Question 3

Brown

Answer 3

Abh and above
Lord templeman - I am not prepared to invent a defence for consent for sado-masochistics

Question 4

Brown and article 8

Answer 4

It was right to punish on public health qnd moral grounds.

Question 5

Laskey

Answer 5

Puts bag over head and sets fire to breasts
Appropriate to safeguard within the meaning of article 8 due to the presence of a significant degree of injury or wounding

Question 6

Wilson

Answer 6

Branded wife
Didn’t want to interfere with consensual activity in a matrimonial home. Claimed brown only related to sado-masochistic encounters

Question 7

Bix on brown

Answer 7

Matter of characterisation
Speaker at Hyde park can be seen as a nazi sympathiser preaching hatred or a participant in political debate
For some sm is a violent sexual practice for ‘deviant persons’ but for the lords it is another sexual practice which may constitute an assault.

Question 8

Billinghurst

Answer 8

Distinction between on and off ball incidents

Question 9

Moss

Answer 9

Off the ball incident in rugby

Question 10

Barnes

Answer 10

Intentional infliction

Question 11

Brown (sport)

Answer 11

Boxing is immune

Question 12

Jones

Answer 12

school children could validly consent to ‘rough and undisciplined play’, so long as there was no intention to cause injury

Question 13

R v p and a

Answer 13

Not credibly d had genuine belief v was consenting to horseplay

Question 14

Surgery and tattooing

Answer 14

Circumcision allowed
Surgery and consmetic surgery carried out by medical professionals allowed
Tattooing – recognised as an exception in Brown. But see Tattooing of Minors Act 1969 - an offence to tattoo anyone under 18

Question 15

BM

Answer 15

Consent can’t provide a defence for body modification

Question 16

AG ref

Answer 16

If abh had not been intended and assault or battery was consented to, consent can’t be used

Question 17

Slingsby

Answer 17

Cuts due to ring d was wearing and v died of sepsis.
Accidental consequence of a sexual activity.

Question 18

S 71 domestic abuse act

Answer 18

Consent to serious harm for sexual gratification is not a defence

Question 19

Pope on sexual gratification cases

Answer 19

Broadhurst - killed by partner after suffering more than 40 injuries. We can’t consent ti this was establish and led to domestic abuse act.
If it is impossible to consent to above ABH it’s unclear how the rough sex defence could operate.
Gives gendered narratives on sex

Question 20

Strangulation and suffocation

Answer 20

Consent not a defence if serious harm is caused

Question 21

Tabusum

Answer 21

Was consent but was deceived - fraud

Question 22

Dica

Answer 22

Consented to intercourse not HIV

Question 23

B

Answer 23

Didn’t disclose std

Question 24

Konzani

Answer 24

D was not to be convicted if there was or might have been an informed consent by the sexual partner to the risk that he would transmit HIV