Defence - Consent

Question 1

Leading case for defence of Consent

Answer 1

Attorney Generals Reference [1981]

The general rule is consent can only provide a defence to assault and battery not ABH or GBH unless good reason.

Public interest

Question 2

Which case defined general rules of Consent

Answer 2

Brown [1994]

Consent a defence to assault and battery which does not amount to greater harm

Consent not defence to ABH or greater harm unless one of general interest exceptions apply

Consensual sadomasochistic sexual acts in private

Question 3

What was decided in case of Bree [2007]

Answer 3

Voluntarily intoxicated V consented to sexual activity with another.

If V capable of choosing to participate and agreed.

Free valid and informed consent.

Question 4

What was decided in case of Wilson [1997]

Answer 4

Court compared branding to tattooing.

Consensual activity between husband and wife should not be prosecuted

Question 5

Two cases of Consent involving HIV

Answer 5

Dica

Consent reckless transmission of HIV - not intentional

Konzani

Difference between unprotected risks than risks of contracting a fatal disease

Question 6

Types of Consent

Answer 6

Express

Implied - Collins v Wilcox - inevitable contact in every day life