Consent Flashcards
General rule
A person can consent to assault and battery but no more
Exceptions:
Everyday interactions Surgery Reasonable punishment Sporting activities Horseplay Sexual activities Transmission of disease
Everyday interactions :
Collins v wilcock
‘Nobody can complain of the jostling which is inevitable from his presence”
E.g. in a supermarket or busy street
Surgery
Most surgical treatment can be consented to. Same applies to dentistry, piercing, tattoos - r v Wilson
If don’t by anyone else, would amount to s18
Reasonable punishment
A parent may inflict physical hurt on their child, provided that it does not go too far and if for the purpose of correction and not as a result of loss of temper - A V UK
Sporting activities
Properly conducted sports can be consented to - r v billinghurst. The issue will be the extent of the consent.
R v Lloyd, a rugby player kicked another whilst he was lying on the ground and broke his cheekbone. This was a vicious attack
Horseplay
Basis that ‘boys will be boys’
R v Jones - a group of boys threw another in the air and he suffered a ruptured spleen. The injured boy did not consent to being thrown but defence was available if the D’s were not intending to cause serious harm
R v aitken - d set fire to v, the fact that v participated in practical jokes was accepted as evidence that he consented to being a victim when it was his turn
Sexual activities
Law is concerned with the morality of extreme sexual activities and the transmission of disease
R v brown - it was her that it was not in the public interest to allow people to cause each other ABH for no reason
R v Wilson - was said that branding was just like having a tattoo and since a person could consent to a tattoo, Wilson was not guilty
Transmission of disease
Can be a criminal offence to transmit a disease. Will then be up to the jury to decide the issue of consent
R v dica- convicted for transmitting HIV
Consent cannot be given to
Death - r v pretty
Street fighting - attorney generals ref - d and v agreed to settle their difference by fighting in the street. Held was not in the public interest that people should try to cause or should cause each other Abh for no good reason
Consent must be genuine
If c is a child or mentally retarded then the consent may not be valid. Question is whether v has sufficient understanding and intelligence to give consent
Burrell v harmer the consent of 2 young boys to being tattooed was not valid
Fraud
Consent may be induced by fraud. Firstly where the defendant deceived the v into believing he is someone or something else, e.g. a doctor. This is known as fraud as to the identity of the person.
Secondly where the defendant deluded the victim as to what he is actually doing to him. This is known as fraud as to the nature of the act.
R v tabassum. The fraud was as to the nature of the act, it was not a breast examination for medical purposes it was also fraud as to the identity of the person, the appellant was not a medical person
Burden of proof
Burden of proof lies on the prosecution and they must prove beyond reasonable doubt that it was not a case of consent
Effect
Effect of a successful defence if to acquit D from the charge
