Consent

Question 1

1st part

Answer 1

Victim negates what I’d done by D by consenting

Strictly only applies where no injury is causes so s39

Question 2

2nd part

Answer 2

Must be genuine consent (Richardson, Irwin)

Consent must be informed (Dica)

Question 3

3rd part

Answer 3

Nature and degree of harm
Court looks at this when there is no injury
Question of public policy (Leach)
Is it socially useful? (Brown)

Question 4

4th part

Answer 4

Recognised exceptions to the rule
   Sport (AG Ref No 6 1980)
   Rough horseplay (Jones)
   Tattooing and piercing (Wilson)
   Mistaken belief in consent (Aitkin)