Consent Flashcards
Definition
Where a person gives permission to suffer harm or takes the risk voluntarily and therefore cannot complain of the injury that occurs
(Dica)
There just be real consent, meaning that they must consent to the nature of the act and it’s true quality
(Olugboja)
Mere submission when in fear is not real consent.
(Brown)
Consent cannot be given to harm beyond assault or battery
(AGs Ref 6)
As it is not in the public interest
Exceptions for the injury being more than common assault
Surgery- V suffers a wound which he consents to
(Brown)
Social purpose
Horseplay: 3
D must have an honest belief V consents to rough play (Jones)
Mistaken belief (Aitken)
Drunken mistaken belief (Richardson and Irwin)
(Brown) and (Wilson)
Body adornment.
Tattoo
Branding
Contact sports 2
(Brown)
(Billinghurst)- failed as contact outside of scope of game