Defence - Consent Flashcards
What are the two elements for consent?
- the victim consented or the defendant believed the victim consented
- the offence is one which a victim can consent to
What offences can the victim consent to?
General rule - only assault or battery
Offences if relevant exception applies
If ABH is caused but D intended only to commit a battery with consent of victim and D did not see risk of inflicting ABH.
What are the valid exceptions where someone can consent to ABH and above?
- medical treatment
- sport
- horseplay
- tattooing, body piercing and adornment
- sexual gratification/accidental infliction of harm
- lawful correction of a child
Is there a limit to consent that can be given to sport?
Criminal liability will only attach to behaviour that sufficiently grave to be criminal.
Must go beyond that which a player can reasonably accepted/expected in the sport in question.
What will and will not be covered by consent to tattooing, body piercing and personal adornment?
Yes - branding
No - removal of ear, nipple, division of tongue
What limits are there to exception of sexual gratification?
- person cannot consent to infliction of harm that results in ABH or more for purposes of sexual gratification
- can consent if ABH is risk of STI
- deliberate HIV infection cannot be consented to as GBH not ABH
What limits are there to the exception of lawful correction of a child?
- must be reasonable chastisement
- possibly limited by article 3 of ECHR
- all context of force used must be considered
- cannot be relied upon if ABH or above