Consent Flashcards
Consent
Can act to preclude the harm - i.e in rape. if she consents its not rape.
-Or to preclude liability where the harm occured.
R vBoyea [1992]
general position in english law
A consensual act maybean asssault if D intends actual bodily harm (or worse) or inadvertently causes abh.
Exceptions :
Oranised sports
Brown- confirmed propely organised sports. V could lawfyllyy take the risk of being seriously hurt.
In Barnes [2005] - Lord woolf enphasises if rules of game,
Law com notes that minorit sports such aas Thai Boxing and ffull contact Karate is less secure.
Barnes 2005
CA confirmed the category of what is called conventional fouls , the kin dof thing plaers should expect anfd thereby consent to when the participate ina kind of game.
Bradshaw [1878]
Said that an act intended to cause injury would be unlawful even if it complied with the rules of the game.
Exceptions- Horse play
Aitken- sir force officers amused themselves by setting themselves on fire.- All had consented to this activeity. If njury is intnetionally inflicted the conduct will loseits character as play
Wilson [1997]
Law com consultation paper no. 139 - piercings, sec change, contraceptive surgery, therapeuticplastic surgery. are excepted.
Including fearson do it yourself tatoo- wide branded by husband. Circumcission lawful only male
Dica [2004]
V can consent to the risk of HIV..