Restrictions placed on the defence

Question 1

Although it is accepted that consent can not be a defence for s20-s4 when will it be allowed

Answer 1

Specifically recognised exceptions

Question 2

Where are the list of these exceptions for s47-s20 found?

Answer 2

In Attorney Generals Reference no 6 (1980) provided by lord lane

Question 3

What are the four main exceptions in lord lanes list

Answer 3

Properly conducted games and sports
Lawful chastisement or correction of a child
surgical interference 
dangerous exhibitions 
etc

Question 4

How are the exceptions in lord lanes list justified

Answer 4

They are of social benefit so are therefore in the public interest

Question 5

Case facts of AG Ref No 6

Answer 5

boys decided to sort argument by fighting each other.
CC acquitted due to a defence of consent
Prosectuion appealed to CA on a point of law regarding: where two persons fight in a public place, can it be a defence for one of those persons to a charge of assault arising out of the fight that the other consented to fight

Question 6

What did the CA decide in AG Ref

Answer 6

it was not in public interest to allow people to cause actual bodily harm for no good reason
Lord lanes list
most fights will be unlawful regardless of consent whether in public or private

Question 7

Case which showed a restriction despite express consent (Prizefighters)

Answer 7

Coney- Consent of prizefighters would not negate any charge they may face of ABH or serious bodily harm

fighters participating in prizefight, it was held bare fist fighted prizefighting in public was unlawful even when both give consent

Question 8

case which shows a restriction despite express consent (Crucifixion)

Answer 8

Leach

No consent is available for serious injury and where there was no social benefit from the activity

V had organised and consented to his own crucifixion, at V’s request D used nails to pierce his hands and nailed him to a cross and found guilty of s18
defence of consent rejected as s18 but also no social benefit from activty

Question 9

In leach and coney why have restrictions been put in place?

Answer 9

Because in both cases restrictions are needed to protect the public and neither have any social benefit or are in public interest

Question 10

What are the qualifying requirements for for s47 and above

Answer 10

1) case fit one of lord lanes exceptions
2) The consent must be true
3) The consent must not have resulted from duress or fear
4) V must have legal capacity so there must be valid consent
5) The consent must not have resulted from fraud