consent cases Flashcards
Burrell v Harmer
Definition consent.
D tattooed two boys age 12 and 13. Their arms became inflamed and painful. Divisional court held there was no consent as they did not understand the nature of the act.
Billinghurst
Consent in sport.
D punched an opponent in the face in an off the ball incident during a rugby match and fractured his jaw.
The conviction was held as the victim had not consented. GBH s.20.
Barnes
Consent in sport.
D made mate tackle on playing during amateur game leading to serious injuries.
Conviction quashed as not grave enough to be criminal.
Emmett
Extent of consent/ sexual activity
D and girlfriend had sex which resulted in haemorrhage to girlfriend’s eye and burns on her breast.
Court of appeal upheld the defendant conviction as harm caused more than transient or trivial.
Wilson 1996
Extent of consent/ tattooing.
D branded wife’s buttocks with his initials using hot knife and she needed medical treatment.
No offence as she asked him to do. Branding is like tattooing and prosecuting is not in public interest.
Brown and Others
Limits of consent.
D was convicted of s20 and s47 as part of an adult sadomasochistic group where all consented and nine needed medical attention.
No consent based on public policy.
Oluboja
Real consent.
Victim raped by O’s companion. He has seen O rape another woman so allowed him to have sexual with her and O said she consented.
D committed offence as woman did not give real consent.
Slingsby
Sexual activity.
The defendant and the victim had consenting Intercourse and d accidentally scratched her with his signer ring. She suffered internal cuts and died of septicaemia.
Court held there was no assault as the victim had consented so D was not guilty of unlawful act manslaughter.
Aitken
Mistake as to consent.
RAF officers poured white spirit over drunk and sleeping friend wearing fire resistant flying shit who suffered major burns.
Conviction for s20 was quashed as jury believed it was honest mistake.
Jones (1986)
Mistake as to consent / horseplay.
Two boys tossed into air by older boys. Suffered broken arm and ruptured spleen.
Could consent to rough horseplay based on honest belief.
Dica
Real consent.
D infected two women with HIV after unprotected sex. D did not tell them he was HIV positive.
Women did not give real consent.
