General defences- consent

Question 1

Consent can be…

Answer 1

used only for NON-FATAL offences, and can be express or implied.

Question 2

what is the general rule…

Answer 2

that it is not in the public interest for people to cause each other bodily harm

Question 3

however..

Answer 3

exceptions can apply where it is in the public interest to allow the defence of consent where bodily harm has been caused, as stated in attorney generals reference no.6 1980

Question 4

1,2,3

Answer 4

• injury in sports or games.It can be consented to if it has taken place within the rules of the game (coney).If not within the rules it CANNOT be consented to (lloyd)
• surgical interference, such as circumsision for religious purposes can be consented to, FGM CANNOT be consented to.
• lawful chastisement.Section 58 of the childrens act states it lawful chastisement can be consented to as long as it is reasonable, proportionate and not cruel.

Question 5

3,4,5,6

Answer 5

• ordinary jostlings of everyday life can be consented to where it resembles a battery.This can also include ‘ rough horseplay’
• sadio-masochistic activities CANNOT be consented to ( R v Brown)
• Sexual intercourse with a risk of infection can be consented to, however not if there is intention to spread the infection (Dica)
• bodily adornment (tattoos and piercings) can be consented to (wilson) however procedures such as tongue splitting are deemed extreme and cannot ( R v BM)

Question 6

7,8,9,10,11

Answer 6

• submission through fear is not conesnet (olugboja)
• the consent must be real.This means V must be aware of the full facts and there must not be any deception ( dica).V must fully understand the nature of the act (burrel v Harmer) However, not all fraud will invalidate consent ( linekar). if V gives consent to the wrong D this is not consent (ebelkayy)
• Genuine mistaken belief as to V consenting can be used as a defence (aitken)
• Generally it is held that children can not consent for themselves.Children under 16 must be held to be gillick-competent.
• if V is mentally incapacitated then someone can give consent on their behalf as long as it is in their best interests.