Defence of consent case cards Flashcards
Burrell v Harmer (1967)
Area: ABH, Battery
Element: Element of consent
Facts: Defendant tattooed two boys aged 12 and 13. Their arms become inflamed and painful
Principle: There was no consent as they did not understand the nature of the act
R v Billighurst (1978)
Area: GBH
Element: Consent in sport
Facts: defendant punched an opponent in the face in a rugby match and fractured his jaw
Principle: The victim had not consented and was not within the rules and the defendant was convicted of s20 GBH
Barnes (2004)
Area: GBH
Element: Consent in sport
Facts: Defendant made a late tackle on player during amateur game leading to serious injuries
Principle: Defendants conviction was quashed as it was not grave enough to be criminal
Emmett 1999
Area: involuntary GBH
Element: Extent of consent/sexual activity
Facts: The defendant and girlfriend had sex which resulted in haemorrhage to girlfriends’ eye and burns on breast.
Principle: The harm caused was more than transient or trivial
Wilson (1996)
Area: ABH
Element: Extent of consent/tattooing
Facts: Defendant branded wife’s buttocks with his initials and she needed medical treatment
Principle: She consented to it so there is no offence, branding is similar to tattooing so prosecuting is not in public interest
Tabassum (2000)
Area: Assault
Element: Real consent
Facts: Defendant measure woman’s breasts and claimed to be a medical professional, women consented based on that factor
Principle: Offence was committed as women only consented to medical examination
Olugboja (1982)
Area: sexual assault
Element: Real consent
Facts: Victim raped by O’s companion. She had seen O rape another woman so allowed him to have sex with her and O said she consented
Principle: D committed offences as woman did not give her real consent
Dica (2004)
Area: Intentional transmission
Element: Real consent
Facts: Defendant infected two women with HIV after unprotected sex, did not inform them of his disease beforehand
Principle: Defendant committed offence as women did not give real consent
Clarence 1888
Area: Intentional transmission
Element: Real consent/sexual activity
Facts: Defendant had sex with his wife and gave her sexually transmitted disease
Principle: There was no offence as wife deemed to consent to sex with husband
R v Slingsby (1995)
Area: Unlawful act manslaughter
Element: Sexual activity
Facts: The defendant and the victim had consenting intercourse and D accidentally scratched her with his ring, she suffered internal cuts and died of septicaemia.
Principle: The court held that there was no assault as the victim has consented so the defendant was not guilty of unlawful act manslaughter
Brown (1993)
Area: GBH
Element: Limits of consent
Facts: Defendant was convicted of s20 and s47 as part of adult sadomasochist group where all consented and none needed medical attention
Principle: No consent based on public policy
Aitken (1992)
Area: involuntary GBH
Element: Mistake as to consent
Facts: RAF officers poured white spirit over drunk and sleeping friend wearing fire resistant flying suit, who suffered major burns.
Principle: Conviction for GBH s20 was quashed as jury believed that the mistake was honest
Jones (1986)
Area: involuntary GBH
Element: Mistake as to consent/horseplay
Facts: Two boys tossed into air by older boys. Suffered broken arm and ruptured spleen
Principle: Could consent to rough horseplay based on honest belief
R v Donovan (1934)
Area: Bodily harm
Element: Consent
Facts: Donovan induced the victim to accompany him to his garage where he then proceeded to beat her with a cane in ‘circumstances of indecency’.
Principle: Where a person acts with the intention to inflict bodily harm, the consent of the victim cannot render the act lawful
AG ref (No 6 of 1980)
Area: Assault
Element: Consent
Facts: The two had an argument, consented to a fist fight to settle the matter in a public street, one of them was injured and the respondent was charged with assault under s.20 OAPA 1861
