Consent Flashcards
How does consent operate in some property offences?
There is a statutory defence for a defendant who believes the owner consents
This applies when the defendant mistakenly believes in the owner’s consent.
What are the elements of consent for the prosecution to prove?
- That the victim did not consent
- That the defendant did not believe the victim consented
An example is R v Richardson and Irwin where a mistaken belief in consent can be a defence.
Is mistaken belief that the victim consented enough for defence?
Yes.
Where is consent available as a defence according to the general rule?
Only available as a defence to assault and battery
Refer to AG’s Reference (No 6 of 1980) and R v Brown.
Under what conditions can a victim consent to offences against the person of ABH and above?
- If it falls under one of the public interest exceptions
- If D intended only to commit battery with the consent of the victim and did not see the risk of inflicting ABH
Refer to R v Meachen for specific conditions.
In what context can consent be given for medical treatment?
For surgery/medical treatment, even with a high risk of death
Consent is essential for lawful medical procedures.
What exceptions are available to allow a victim to consent to harm of ABH or more?
- Medical treatment
- Sport
- Horseplay
- Tattooing, body piercing, personal adornment
- Sexual gratification
- Lawful correction of a child
What is the rule regarding incidental injury during sports?
Incidental injury caused while playing sport within the rules is not an offence
This applies as long as the injury is part of normal play.
What is the horseplay exception regarding consent?
Juries ought to consider consent to injuries caused by ‘rough and undisciplined horseplay’
Refer to R v Jones (1986) for context.
What types of personal adornment can consent apply to?
- Tattooing
- Body piercing
- Branding with a hot knife
However, consent does not apply to more extreme body modifications like ear removal (R v BM [2018]).
Can one consent to the risk of contracting HIV?
Yes, but not to deliberate HIV infection
Refer to R v Dica [2004] for legal context.
Are sadomasochistic activities considered exceptions for consent?
No, burning genitals or beatings for sexual pleasure are not suitable exceptions - i.e consent is not available
Refer to R v Brown for the legal ruling.
When is consent available as a defence in cases of sexual gratification?
Where the defendant does not intend and does not see the risk of causing harm
This is exemplified in R v Slingsby.
What is the lawful correction of a child regarding consent?
A parent has a defence of reasonable chastisement in applying force to a child - although this is now modified by statute.
Considerations include behaviour, duration, and consequences for the child.
