Defence of Consent Flashcards
What is the defence of consent?
A genuine and positive belief that V agreed by choice to the D’s actions
What must consent be?
- real
- a choice
- for a good reason
There must be no confusion about what?
- the nature of the act
- the identity of the person
Melin 2019
There can be no deception made by D about his identity or qualifications
There can be no deception made by D about his identity or qualifications
Melin 2019
consent is not real if there is deception about the health of D
Dica 2004
Dica 2004
consent is not real if there is deception about the health of D
Richardson 1998
deception about the legal right to practise does not always vitiate consent
deception about the legal right to practise does not always vitiate consent
Richardson 1998
Aitken 1992
a mistaken belief in consent can still be a defence
a mistaken belief in consent can still be a defence
Aitken 1992
Olugboja 1982
Consent is invalid if V submitted out of fear rather than choice
Consent is invalid if V submitted out of fear rather than choice
Olugboja 1982
Brown 1994
Consent to perform a violent act is invalid
Consent to perform a violent act is invalid
Brown 1994
Consent is genuine if…
- V understands the nature of the act
- there is no deception about health, identity or qualifications
V must understand the nature of the act
Burrell v Harmer
Burrell v Harmer
V must understand the nature of the act
Consent is implied for horseplay
Jones 1987
Jones 1987
Consent is implied for horseplay
Barnes 2004
Consent is implied for sports
Consent is implied for sports
Barnes 2004
Wilson v Pringle
Ordinary ‘jostlings’ of everyday life were not battery
Ordinary ‘jostlings’ of everyday life were not battery
Wilson v Pringle
AG Ref (No 6 of 1980) 1981
Consent is not a defence to fighting that is not in the public interest
Consent is not a defence to fighting that is not in the public interest
AG Ref (No 6 of 1980) 1981
