Consent Flashcards
What is the defence of consent?
A full defence used for non-fatal offences against the person, but not for fatal offences.
Can consent be expressed or implied?
Yes, it can be either expressed or implied.
What is the general rule regarding bodily harm?
It is not in the public interest that people should cause each other bodily harm.
What are exceptions to the general rule about consent?
Consent may apply in certain situations where bodily harm is caused, as stated in Attorney General’s Reference (No 6 of 1980).
Give an example of an exception where consent applies in games and sports.
Injuries that occur within the rules of the game are permissible (Coney, Barnes).
What happens if actions occur outside the rules of a game?
They cannot be consented to (Lloyd, Johnson).
Is street fighting lawful with consent?
No, street fighting is unlawful regardless of consent (AGs Ref (No 6 of 1980)).
What is an example of surgical interference where consent may apply?
Male circumcision for religious purposes (Re: J).
Is Female Genital Mutilation legal?
No, it is illegal.
What does S.58 of the Children Act 2004 state about lawful chastisement?
It must be reasonable, proportionate, and not cruel.
What is implied consent in everyday life?
It applies to ordinary ‘jostlings’ where a battery may have taken place (Wilson v Pringle).
What does ‘rough horseplay’ refer to?
Friendly violence that may involve consent (Jones).
Can consent be given to the risk of infection during sex?
Yes, but not if there is an intention to spread the infection (Dica).
Is consent a defence for sado-masochistic sexual activities?
No, it is not a defence (Brown, Emmett).
Can consent be a defence for body adornment procedures like tattoos?
Yes, it can be a defence (Wilson).
Is consent a defence for procedures like tongue splitting?
No, it is not a defence (R v BM).
Is submission through fear considered consent?
No, it is not considered consent (Olugboja).
What is the exception that D may fall into regarding bodily harm to V?
The consent exception of games and sports properly conducted
This applies when the injury occurs within the rules of the game or during rough horseplay.
What must consent be for it to be considered real?
The victim must have knowledge of the relevant facts and there must be no deception
Cases such as Tabassum and Dica illustrate the importance of knowledge and absence of deception.
What must V be able to do regarding the nature of the act for consent to be real?
Comprehend the nature of the act
This principle is established in the case of Burrell v Harmer.
Will all fraud invalidate consent?
No, not all fraud will invalidate consent
The case of Linekar supports this notion.
What happens if V gives consent to the wrong D?
This will not be considered real consent
The case of Elbekkav illustrates this point.
What is necessary for a genuine mistaken belief about consent to serve as a defense?
The belief must be genuine
The case of Aitken provides context for this defense.
How is the consent of children treated legally?
Children cannot consent on their own behalf and must be ‘Gillick-competent’ if under 16
This is established in Burrell v Harmer.
