GD - Consent

Question 1

Definition

Answer 1

Where a person gives permission/consent to suffer harm or takes the risk voluntarily. And therefore cannot complain of the injury that occurs

Question 2

There must be a valid consent

Answer 2

Must be real consent, V ha given permission (Slingsby). Consent can be affected by the identity of the D and non disclosure of disease (Dica). Mere submission when V is in fear is not true consent (Olugboja)

Question 3

Only for common assault

Answer 3

Not allowed for anything more as it’s not in the public interest that people should harm each other for no good reason (AGs ref 6). Unless any acceptions apply. It’s only available for assault and battery and not for S47,20,18 (Brown). D cannoot validly consent to ABH as not in the public interest (AGs ref 6).

Question 4

Exceptions

Answer 4

Surgery-V suffers wound they consent to. Horseplay-D must have honest belief V consents to rough play(Jones), mistaken belief is allowed(Aitken), drunken belief allowed(Richardson&Irwin). Contact sport-within the course of play(Barney’s), fail if outdoes of the scope of the game(Billinghurst). Bodily adornment-tattoo(Brown), branding(Wilson). Social purpose-D can use consent where there is a high risk of injury, but the act has a social purpose(Brown)