Consent - Defence Flashcards
Consent isn’t a defence to ………?
Murder
Consent can be ………?
Implied
R v Brown
Consent wasn’t allowed as it was said that it’s not in the public interest to allow people to wound each other without a good reason
R v BM
Not in the public interest to allow consent to such activities/ body modification
R v Donovan
Consent is allowed to:
Bruising caused by caning for sexual gratification.
Minor injuries in sexual activity.
R v Slingsby
Consent ( as a defence) was allowed for wounding for sexual gratification which led to death
R v Dica, R v Tabarsum, R v Golding
Consent must be informed in order for it to be real consent
R v Barnes
Contact sporting games hold an exception to the rule that you cannot consent to GBH.
Consent can be implied.
Consent to serious injury can be implied in contact sports.
In order for it to amount to a crime it must be a serious break of the rules in contact sports.
DPP v Diane Pretty
Consent cannot be used as a defence to murder
Wilson v Pringle
Minor jostlings of everyday life are not unlawful.
R v John’s, R v Atkins
If the defendant has a genuine mistaken belief that the victim would consent the court will allow the defence
R v Wilson
Consent was allowed for branding in sexual activity
Attorney’s General Reference
It’s not in the public interest to allow consent to fighting
