Consent Cases Flashcards
There are exceptions when it is in the public interest to allow the defence of consent where bodily harm is caused
Attorney Generals Reference (No 6 of 1980)
Games and sports if properly conducted where the injury takes place within the in the rules of the game
CONEY, BARNES
Actions outside of rules of the game cannot be consented to
LLOYD, JOHNSON
Street fighting is unlawful regardless of consent
AGs Ref No 6 of 1980
Surgical interference, male circumcision for religious purposes
Re:J
Lawful chastisement if reasonable proportionate and not cruel
S.58 of the Children Act 2004 (A v UK)
Implied consent to ordinary ‘josltings’ of everyday life, where in theory a battery has taken place
WILSON v PRINGLE
‘Rough horseplay’ meaning friendly violence
JONES
Consent can be given to the risk of infection when having sex but not if there is an intention to spread the infection
DICA
Consent is not a defence to sado-masochistic sexual activities
BROWN, EMMETT
‘body adornment’ like tattoos and piercings
WILSON
Not a defence to “tongue splitting”
R v BM
Submission through fear is not consent
OLUGBOJA
Consent must be real and there must be no deception
TABUSSUM, DICA
V must be able to comprehend the nature of the act
BURRELL v HARMER
Not all fraud will invalidate consent
LINEKAR
If V gives consent to the wrong D this will not be real
ELBEKKAY
A genuine mistaken belief that the victim is consenting can be a defence
AITKEN
Children cannot consent on their own behalf
BURRELL v HARMER
If V is mentally incapacitated, decisions may be made on their behalf, so long as they are in the best interest of V
Re: F
