Consent (Defences) Flashcards
What is the general rule of consent?
Defence to minor offences such as assault or battery
Collins v Wilcocks
Implied consent for certain everyday situations like crowded environments, tapping to gain attention, back slapping
What are the three elements of consent?
- Must be valid consent
- Must be informed
- Public policy expectations
What is meant by consent given must be valid?
V must have the capacity to consent (i.e. be of the right age, not mentally disabled)
Burrel v Hunter
Defence failed as they were underage and didn’t understand nature of what they were consenting to
R v Olugboja
Consent cannot be obtained through fear
R v Tabassum
Obtaining consent through lies and deception is also invalid
What is meant by consent given must be informed?
Person giving consent must know exactly what it is they are consenting to
R v Dica
She didn’t consent to HIV but to the intercourse as they were unaware of the disease
What are the 5 public policy expectations?
- Properly conducted sports/games
- Surgery (cosmetic/medical)
- Tattoos/Piercings
- Horseplay
- Sexual pleasure
Public policy expectation: Properly conducted sports/games
Consented to as we expect risks of injuries being inflicted
R v Barnes
Although D seriously injured V with tackle, it didn’t go beyond what was deemed normal in football
R v Billinghurst
D’s actions went beyond the rules of the sport, therefore defence was unsuccessful
Public policy expectation: Surgery (Cosmetic/Medical)
Can usually be consented to and withdrawn at any time, in emergencies it is implied
Public policy expectation: Tattoo/Piercings
Can be consented to even if injury is caused in the process (consider age of consent for tattoos 18)
Public policy expectation: Horseplay
Lord Mustill - criminal law doesn’t concern itself with these activities, provided that they don’t go too far
R v Jones
Can be consent to horseplay even if there isn’t actual consent so long as D had genuine belief in the consent
Public policy expectation: Sexual pleasure
Can be consented to provided parties are giving informed consent as seen in R v Slingsby
R v Slingsby
D died from infection during rough sex - no intention to cause cuts or infection
Differences in R v Brown and R v Lock
Defence was not allowed for sadomasochism (homosexual) but it was in Lock (heterosexual)
R v Aitken
If D genuinely, but mistakenly, believed that V consented then law will protect D
