General Defences

Question 1

What is consent?

Answer 1

Common law defence- and prevents the defendant from incurring liability for what was done

Question 2

What offences can consent be an offence for ?

Answer 2

May be defence to some non fatal offences.
Consent makes a battery lawful (implied to to everyday jostling) Wilson v Pringle
ABH or GBH not usually defence unless exception applies or good reason AG ref No6 1980
Murder never a defence- R v Pretty

Question 3

What is the first thing D must prove for consent

Answer 3

Consent must be real- affected by identity and non disclosure of D R v Tabassum

Question 4

What is the law regarding age and consent

Answer 4

Age of consent to medical treatment is 16 but if believed to have enough intelligence and competance they can Gillick
Age of consent consent to sexual activity is 16
Piercings - 16 if accompanied with parent also requires written consent from parent
Tattoo- 18 but can be lower for medical reasons by qualified medical practitioner Burrell v Harmer

Question 5

What is the law regarding consent and transmission of disease

Answer 5

Rv Dica D had consented sex but V did not consent to HIV

Question 6

What is law regarding mistaken belief and consent

Answer 6

Where D genuinley believes V is consenting he can still use the defnce R v Aitken

Question 7

What is the General rule

Answer 7

You cannot consent to injury Attorney General ref No6 1980

Question 8

What are the exceptions to this rule

Answer 8

1. Properly conducted games and sport- R v Barnes
2. Tattooing and body piercing R v Wilson
3. Horseplay -rough boistrous behaviour Rv Jones
4. Reasonable surgical interference R v Blaue