Consent Flashcards
Consent
You can consent to assault and battery as there is no injury caused
When there is injury there are exceptions in which you may consent
Properly conducted games or sports Reasonable surgical interference Tattooing Body piercing Horseplay Dangerous exhibitions
Sports
as long as the harm is caused within the rules of the sport- barnes
to be criminal the harm must be grave
Intentional infliction of injury is always criminal
For reckless-did the injury happen in play or during a loss of temper
Off the ball injuries will always be criminal
Further more the type of sport,level it is played at,the nature of the act,the degree of force used, the extent of the injury and Ds state of mind
Are all relevant when determining whether Ds actions went beyond the rules
Body adornment
Tattooing is accepted as body adornment and people may consent to it
Wilson- the husband did not have any aggressive intent, the jury compared it to piercings as it was for decoration and allowed consent
Horseplay
Jones- the CA held that consent could be to a defence to an assault charge where the activity the defendants and the victim engaged in was “rough and undisciplined horseplay”
Unlike where people consent to fight (AGs ref 6) and intend to cause harm, in horseplay it can be said that the people don’t intend to cause harm
Mistaken belief in consent
Where the D truly believes V is consenting then there is a defence to an assault
Aitken
Richardson and Irwin- a drunken mistake to thinking the victim was consenting to horse play can be a defence a charge under s20
Medical procedures
Mentally able adults can consent to medical treatment
If unconscious then the medical staff will try to get consent from a relative, if not then where treatment is necessary quickly they can do without consent
Where the surgery is life saving then consent can be used as a defence for charges of assault
Slingsby
Victim not guilty as there was no assault or battery due to the victims consent
Genuine consent
The consent must be true- tabassum
Not done through fear - olugboja
Implied consent
There are situations where the courts would imply consent
E.g. Everyday touchings on the street which would otherwise be a battery-Wilson and pringle
This also applies to sports e.g. When someone agrees to play rugby he is agreeing to the contact in that sport, unless it goes beyond .
Cannot consent to s&m activities
Brown
Consent
You can consent to assault and battery as there is no injury caused
When there is injury there are exceptions in which you may consent
Properly conducted games or sports Reasonable surgical interference Tattooing Body piercing Horseplay Dangerous exhibitions
Sports
as long as the harm is caused within the rules of the sport- barnes
to be criminal the harm must be grave
Intentional infliction of injury is always criminal
For reckless-did the injury happen in play or during a loss of temper
Off the ball injuries will always be criminal
Further more the type of sport,level it is played at,the nature of the act,the degree of force used, the extent of the injury and Ds state of mind
Are all relevant when determining whether Ds actions went beyond the rules
Body adornment
Tattooing is accepted as body adornment and people may consent to it
Wilson- the husband did not have any aggressive intent, the jury compared it to piercings as it was for decoration and allowed consent
