Consent

Question 1

General rule

Answer 1

In some case there is a defence to a charge where the person consents.

Offences involving a person or property the acts are only criminal if they are done against the will of the person or owner but if the person agrees to the act then there is no offence.

Question 2

Define consent

Answer 2

‘Consent’ is a person’s conscious and voluntary agreement to something proposed or desired by another

Question 3

R v COX - CONSENT

Answer 3

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.”

Question 4

WHAT ARE THE GUIDELINES TO CONSENT REGARDING ASSAULT?

Answer 4

1. Everyone has a right to consent to a surgical operation.
2. Everyone has a right to consent to the infliction of force not involving bodily harm.
3. No one has a right to consent to their death or injury likely to cause death.
4. No one has a right to consent to bodily harm in such a manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons.
5. It is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another.

Question 5

YOU CANNOT USE THE DEFENCE OF CONSENT TO ASSAULT IN THE FOLLOWING CASES:

Answer 5

• Aiding suicide
• criminal actions
• injury likely to cause death
• bodily harm likely to cause a breach of the peace
• indecency offences
• Placing of someone in a situation where they are at risk of death or bodily harm