Consent

Question 1

Definition

Answer 1

Attorney General Reference - Lord Lane - “It is an essential element of an assault that the act is done in contrary and consent of V”

Question 2

Stage 1 - Consent must be real

Answer 2

V must be able to comprehend the nature of the act
Burrell v Harmer - children and the mentally ill cannot consent
Oluboja - if V submits to D due to fear then it is not consent

Question 3

Stage 2 - consent must be informed

Answer 3

Dica - V must know all the facts and must all the facts and must know exactly what they are consenting to

Question 4

Stage 3 - consent must not be induced by fraud

Answer 4

Tabassum - D tricked 3 women into examining their breasts

Question 5

Stage 4 - Consent must be valid

Answer 5

Street fighting - Coney held street fighting is illegal
Sport - Billinghurst - off the ball incidents are illegal
Barnes - acting outside the rules of the game is illegal
Surgery - valid
Practical jokes - Richardson & Irwin held where D genuinely mistakenly believed D is consenting the defence is allowed
Sexual activity - defence allowed for consenting adults
Brown - defence not allowed on extreme acts on health and safety grounds