Exceptions

Question 1

Intro

Answer 1

In brown the HOL created the following list of activities which could be classed as lawful activities for s.47 ABH and s.20 GBH.

Question 2

McCarthy

Answer 2

If it doesn’t fall under the list the court will ask if there is a good reason for the consent.

Question 3

AO3 good public policy

Answer 3

P- law only intervenes with personal freedom where it is essential to do so /has a good reason to do so.
Dp- law lords state cruelty should not be tolerated and believe the law should intervene whenever an act is seen to cause harm.
Wdp - law does not strike a fair balance between individual human rights and social paternalism.

Question 4

Organised contact sports

Answer 4

Consent is only valid in sports if it is played within the games rules.

Question 5

Barnes

Answer 5

Sports played with a ball. On the ball.

Question 6

Billinghurst

Answer 6

Sports played with a ball. Off the ball.

Question 7

Boxing

Answer 7

Whether the incident was within the queensbury rules.

Question 8

AG Ref No.6 1980

Answer 8

The CA held that consent was not valid as the fight was not held under the queensbury rules.

Question 9

AO3 sports

Answer 9

P- problematic to decide whether an incident was within the rules or not.
Dp- different sports have inconsistent standards of rules as to what injuries would be allowed.
Wdp - lord woolf said a person should only be prosecuted if D’s conduct is bad enough to be criminal. Differing judges has different views.

Question 10

Wilson

Answer 10

CA allowed the appeal and extended the meaning of tatooing to include branding.

Question 11

Slingsby

Answer 11

Accidental injuries during sexual activity is allowed

Question 12

Emmett

Answer 12

Law does not tolerate deliberate infliction of injury for sexual gratification.

Question 13

Brown

Answer 13

HL’s rejected an appeal against conviction because it was not in the public for D to cause bodily harm for no reason.

Question 14

AO3 Wilson

Answer 14

P- Hol the majority agreed that a person cannot consent to activities that glorify cruelty
Dp - minority suggest that it was not judges job to criminalise such action and should interfere in activities conducted by adult in their own homes.
Wdp- the cases of brown and wilson highlight the irrational distinctions that are often made.

Question 15

R V Lock

Answer 15

D was acquitted at the crown court after the jury accepted that this was consensual behaviour between adults.

Question 16

Jones

Answer 16

Consent is valid for rough and undisciplined horseplay

Question 17

AO3 horseplay

Answer 17

P- inconsistent as horseplay could be a form of bullying can be consented to but consensual behaviour of brown is not.
Dp- legal academics agrue the aggressive nature of Jones is potentially a greater source of public danger.
Wdp- horseplay is justified exception as all children engage in playground game. Ie bulldog so it would impossible to police if this was not an exception.

Question 18

Pretty

Answer 18

No person can consent to their own death

Question 19

AO3 Euthanasia

Answer 19

P- unsatisfactory. Terminally ill can’t be cured and quality of life. People choice.
Dp- Assisted Dying bill has been rejected in parliament twice. Reluctant to change.
Wdp- however it is currently going through Parliament again in 2022 and managed to meet the committee stage in HOL