S4: Battery and Consent

Question 1

What is Battery ?

Answer 1

Application (direct/indirect causation) of unlawful (not consent/self defence) contact/touching towards another

Question 2

What are the cases for direct application?

Answer 2

• Collins v Wilcock
• Savage v Parmenter (Battery by Beer
• DPP v K

Question 3

What are the cases for indirect application ?

Answer 3

• Fagan case
• Haystead v Chief Constable Derbyshire
• Clarence
• Maryin (1891)

Question 4

Unlawful Force- Consent

Answer 4

• Consent is relevant to crimes of violence where unlawful force is an element of the AR
• It can make unlawful touching lawful
• It justifies touching so is a justice defence

Question 5

Different types of consent

Answer 5

• Implied/ Societal Consent
• Express Consent

Question 6

Under which act is consent criminalised under ?

Answer 6

s.74 SOA

Question 7

when can a person consent ?

Answer 7

• If he agrees by choice and;
• has the freedom
• and capacity to make that choice

Question 8

What is consent ?

Answer 8

• Did V actually choose to participate in the activity ?
• Did V have the mental capacity to choose ?
• Was the choice freely made (i.e not coerced)
• Did V have sufficient understanding of the situation or nature of activity to make an informed decision ?

Question 9

What can i consent to?

Answer 9

• Assault or Battery but Q is whether you did it or not
• ABH s.47/ GBH s.20/s.18– hard to deem whether the individual consented to it
• Murder/Euthanasia - Never consent to it

Question 10

Is the activity in public interest

Answer 10

If Yes- Defence of consent is available, Apply defence of consent

Did V factually consent? Freedom and Capacity to choose?

If No- Consent isn’t available as a defence

Question 11

Consent to ABH/GBH

Answer 11

Is it in the public interest for the following to occur? i.e. is it legally possible to consent to:

-A wishes to have her life ended prematurely due to suffering a terminal illness. B smothers A with a pillow causing brain damage but not death

-C wishes to have cosmetic surgery to look more like their favourite celebrity

-D wishes to undergo female circumcision

Not in the Public Interest (cannot consent to):
-Fighting and Brawling Attorney General Ref (No 6 of 1980)
BUT boxing is in
public interest

Question 12

Sports Exception: R v Barnes

Answer 12

-Sports have disciplinary procedures

-Civil compensation as an alternative to criminal prosecution

-Was act sufficiently grave to warrant criminal prosecution ‘

-Does act go beyond what we can reasonably be regarded as having accepted?
“Off the ball” incident?

Question 13

Sexual Activity and R v Brown

Answer 13

-ABH and GBH but no permanent injuries nor medical treatment
Approach of the Majority:

-Assume that deliberately causing ABH/GBH is unlawful unless there are good policy or public interest reasons for making it lawful

-“Practice…dangerous and injurious to individuals… which if allowed and extended is harmful to society generally

Question 14

Mainly Diversions and Horse Play

Answer 14

Cases:
-R v Jones
-R v Aitkin
-Richardson & Irwin