consent

Question 1

what can consent be an offence to?

Answer 1

• battery and other offences against the person
• It can never be a defence to murder or where serious injury is caused (apart from some exceptions for serious injury)

Question 2

R v Donovan (1934)

Answer 2

D caned a 17 year old girl for the purpose of sexual gratification. This caused bruising and he was convicted of indecent assault and a common assault.

D appealed on the basis that V had consented to the act = his conviction was quashed.

Question 3

R v Slingsby (1995)

Answer 3

D was charged with involuntary manslaughter by an unlawful act.

D and the victim had taken part in sexual activity which was described as ‘vigorous’ but which had taken place with the victim’s consent. During this, a signet ring which D was wearing caused small cuts to the victim and this led to blood poisoning from which she died.

The victim’s consent meant that there was no battery or other form of assault and so D was held to be not guilty of manslaughter as there was no unlawful act.

Question 4

real consent

Answer 4

There must be real consent. Consent can be affected by the identity of the defendant and non-disclosure of disease

Question 5

which cases show real consent?

Answer 5

Tabassum (2000)
Olugboja (1982)
Richardson (1998)
R v Dica (2004)