Consent Flashcards
Introduction?
Defence to battery and other minor crimes, not a defence to murder or where serious injury is caused.
No liability if a person inflicts minor harm with the consent of the victim.
The Consent must be real?
Tabassum - The Consent must be true (real) and not given through fear, mistake or submission.
Olugboja - Consent given through fear and not real consent.
The Consent can be implied?
Wilson v Pringle - Everyday situations where the courts will imply consent to minor touchings, “ordinary jostling” cannot amount to an offence.
S47 OAPA 1861?
AG’s reference established that consent does not normally apply to an offence under S47 of the OAPA 1861 as its not in the public interest to that people should deliberately try to cause each other harm without good reason.
Exceptions to this are sports and surgery.
Consent and Sport?
Barnes - Held that consent exists for “properly conducted games and sport”
When the court was deciding whether criminal there is a 3 part test.
1) Was the infliction of injury intentional.
2) Did the injury occur during normal play or was it “off the ball”.
3) Is the conduct within the rules of the game.
Consent and Surgical interference?
Burrel v Harmer - Reasonable surgical interference such as tattooing, piercings and injections gives rise to consent. Consent given if saving life of patient involves assault being carried out.
Informed Consent?
R v Dica - Consent has to be informed, in the case of sexually transmitted disease D must tell the other prior prior to having intercourse otherwise it is not informed consent.
Consent influenced by Public interest?
The Courts have used public interest to shape the law on consent.
Brown - Consent could not be given to Sado-Masochistic acts done by homosexuals.
Wilson - Consensual behaviour between heterosexual couples which caused harm is not an offence.
Honest but Mistaken belief in consent?
Jones - If D honestly believed that consent had been given then they may still successfully raise consent as a defence.
If there had been “rough and undisciplined horseplay” then consent could still be a defence.
Consent and Euthanasia?
Pretty - No one can consent to their own death.
