Consent

Question 1

Attorney General’s Ref. 1981

Answer 1

Cannot consent to a fist-fight. However, you can consent to surgical operations, dangerous exhibitions and properly conducted sport.

Question 2

R v Barnes 2005

Answer 2

The fact that a tackle was a foul in football does not necessarily mean that the threshold of criminal conduct has been met. Usually, grave conduct is prosecuted.

Question 3

R v Wilson

Answer 3

Branding is akin to tattooing and is, therefore, not an assault.

Question 4

R v Emmett 1999

Answer 4

Consent will not act as a defence when the defendant has been charged with a section 47 offence.

Question 5

R v Richardson 1999

Answer 5

Defendant acted as a dentist, even though he had been suspended. Victim claimed that he had assaulted her. However, as the victim knew the nature of the act and the identity of the person, this was enough for valid consent.

Question 6

R v Tabassum

Answer 6

Consent is not valid when the victim does not know the true professional identity of the defendant.

Question 7

R v Dica

Answer 7

You can consent to contracting a sexual disease as long as the consent is informed as to the disease which is to be contracted.