CONSENT

Question 1

DEFINITION

Answer 1

Where a person gives permission/ consent to suffer harm or takes the risk voluntarily and therefore cannot complain of the injury that occurs

Question 2

THERE MUST BE VALID CONSENT

Answer 2

Must be real consent, V has given permission (Slingsby)
Consent can be affected by the identity of the D and non-disclosure of disease (Dica)
Mere submission when V is in fear is not true consent (Olugboja)

Question 3

ONLY FOR COMMON ASSAULT

Answer 3

Assault/ battery- not allowed for anything more than common assault because it is not in the public interest that people should harm each other for no good reason (AG’s Ref 6 of 1989)
Unless any exceptions apply
It is only available for assault or battery and not for a.47, s.20 or s.18 (Brown)
D cannot validly consent to ABH as not in the public interest (AG’s Ref 6 of 1980)
Consent can be withdrawn at any time

Question 4

EXCEPTIONS

Answer 4

Surgery- V suffers a wound which he consents to
Horseplay- D must have an honest belief V consents to rough play (Jones) mistaken belief is allowed (Aitken) drunken belief allowed (Richardson & Irwin)
Contact sports- within the course of play (Barnes) fails if outside of the scope of the game (Billinghurst)
Bodily adornment- tattoo (Brown), branding (Wilson)
Social purpose- D can use consent where there is a high risk of injury, but the act has a social purpose (Brown)