Consent Flashcards
When will consent be a defence?
In some non fatal offences - where the V has consented. It can be used for minor NFO’s such as battery (Donovan). Defence cannot be used for murder or serious injury.
What must the consent be?
It must be real and understood, without fraud, or threat.
What happened in the case of R v Tabassum?
D carried out physical examination on V’s breasts and demonstrated how they should conduct examinations on themselves - no real consent.
What is meant by implied consent?
This can be the slightest touch e.g. in a crowded place.
What happened in the case of Attorney General Ref?
Two teenagers consented to a fight following an argument on the street.
When can force not be consented to?
When the degree of force is more than Battery.
What are the exceptions to what force cannot be consented?
-If injury is within the proper rules of a sporting game (R v Barnes ; V injured when tackled during football)
-Medical interference
-Dangerous exhibitions.
Is there a defence for horseplay?
Yes as in the case of R v Jones; two boys thrown into the air as part of a joke and were dropped causing a broken arm.
