Defence - Consent Flashcards
Which case established that ‘where more than trivial injury was concerned the activity needed to be in the public interest for consent to be valid’?
R v Brown [1994]
In which case was the consensual branding of a wife’s buttocks held to be akin to tattooing and so not in the public interest to criminalise by not allowing defence of consent?
Wilson [1966]
In which case (about plastic bag suffocation sex) was it held to be not in the public interest for individuals to inflict harm on each other for purposes of sexual gratification because risk of death or serious injury and so consent not available?
Emmett (1999)
What are the results of the case law in respect of what offences can have consent as a defence?
Consent is only defence for battery not s.47 assault occasioning ABH or s.20 or s.18 GBH
In which case was D held liable for a injury caused by a tackle in football match because had shown ‘reckless disregard for safety of opponent’?
Barnes [2005]
What activities can consent normally be permitted as a defence for?
Manly horseplay, tattooing, properly conducted sporting activities
Which case established that a HIV positive D who had not disclosed his status to women he slept with was liable for s.20 GBH as they had not consented to that risk?
Dica [2004]
In which case was it confirmed that a HIV positive D who did not disclose his status to women he slept with could not rely on defence of consent as they did not know he had HIV so could not consent?
Konzani [2005]
What is the principle of true consent?
It must be free and fully informed.
