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Consent
- Defence to all
non-fatal offences
against the person
- May be a defence
to UDAM:
SLINGSBY
- Never a
defence to
murder:
PRETTY v DPP
- Never a
defence to
murder:
PRETTY v DPP
- May be a defence
to UDAM:
SLINGSBY
- Burden is on the
prosecution to
disprove it beyond
reasonable doubt
- Express consent - V clearly
says they are willing to
consent to a potential injury
- Implied consent can be
inferred from V's actions or
a particular situation
- Implied consent is given to
the ordinary jostlings of
everyday life: COLLINS v
WILCOCK
- Implied consent is given to
the ordinary jostlings of
everyday life: COLLINS v
WILCOCK
- Implied consent can be
inferred from V's actions or
a particular situation
- Whether the defence is
allowed depends on the level
of injury
- Consent is readily
available for assaults
and battery as no
injury is caused.
- Where there is an injury, consent is
not a defence unless the situation is
one of the exceptions which have
been recognised by the courts:
ATTORNEY - GENERAL'S REFERENCE
(NO.6 OF 1980) (1981)
- Where there is an injury, consent is
not a defence unless the situation is
one of the exceptions which have
been recognised by the courts:
ATTORNEY - GENERAL'S REFERENCE
(NO.6 OF 1980) (1981)
- Consent is readily
available for assaults
and battery as no
injury is caused.
- The courts have recognised
the following as public
policy exceptions where
consent is a defence even if
injury is caused
- Properly
conducted
games or sports
- Tattooing and
body piercing
- Accepted as body
adornment so people can
consent to it: WILSON
- Accepted as body
adornment so people can
consent to it: WILSON
- Horseplay (friendly
violence): JONES
AND OTHERS
- Reasonable
surgical
interference
- Dangerous
exhibitions
(circus acts)
- Properly
conducted
games or sports
- If contact between players
in contact sports is
sufficiently serious then it
is possible for an offence to
be committed: BARNES
- Mentally capable adults can
consent to reasonable medical
treatment. Where medical
treatment is required but D is
unconscious, implied medical
consent can be relied upon.
- If D deliberately inflict
injury for sexual
gratification, the courts
will not recognise
consent: BROWN AND
OTHERS
- To be legally capable of giving valid
consent, V must be mentally
capable and not usually a child:
GILLICK v WEST NORFOLK AND
WISBECH AHA
- For there to be 'true
consent' V must understand
the nature of D's act:
BURRELL v HARMER
- There will be no true consent if D
deceives V as to their identity or
the nature and quality of the act:
NEWLAND/TABASSUM
- There will be no true consent if D
deceives V as to their identity or
the nature and quality of the act:
NEWLAND/TABASSUM
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