Consent

• What does consent often involve balancing against individual freedom?

  Considerations of public policy
• Who interprets consent in legal contexts?

  The courts
• What must an adult have to give consent?

  Capacity (ability/understanding)
• What was the ruling in Wilson v Pringle regarding consent?

  Everyday jostling is not battery
• What does Pretty v. Constables state about consent?

  It is never a defence to murder
• Under what act can children under 13 not consent to sex?

  Sexual Offences Act 2003
• What is the general rule regarding consent to ABH or above?

  Cannot consent unless a recognised exception applies
• What are the recognised exceptions where consent is valid for ABH or above?

  1. Properly conducted sports and games
  2. Lawful surgical interference
  3. "Normal" sexual activity
  4. Horseplay
• In which case was consent a successful defence for a risky tackle in sports?

  Barnes
• What was the outcome of the Billingshurst case regarding consent?

  Defence failed for punching during rugby
• What does lawful surgical interference include?

  Dentistry, tattooing, and body adornment
• What was the ruling in Wilson regarding consent for branding?

  Defence successful, akin to tattooing
• What did R v BM establish about body modification consent?

  Cannot consent for non-medical body modifications
• What was the outcome of Donovan regarding consent in sexual activity?

  Defence successful for caning a girl
• What was the ruling in Slingsby regarding consent and death?

  Consent means no battery, no manslaughter
• What was the outcome of Brown & Others regarding private acts?

  Defence failed for ABH and wounding
• What was the ruling in Emmett regarding high-risk sex?

  Defence failed due to serious injuries
• What does Jones & Others state about mistaken belief in consent?

  Could be a defence in horseplay
• What was the outcome of Aitkin & Others regarding mistaken belief in consent?

  Mistaken belief left to jury's decision
• What does Burrell v Horner establish about consent?

  Boys aged 12 and 13 cannot consent
• What was the ruling in Dica regarding informed consent?

  Consent must be informed, defence failed
• What does Olugboja's case illustrate about submission and consent?

  Submission is not the same as consent
• What negates consent in cases of fraud?

  Deception about identity or nature of act
• What was the outcome of Richardson regarding consent and identity?

  D was found not guilty, no deception
• What was the ruling in Tabassum regarding consent and qualifications?

  Consent failed due to lack of qualifications
• What was the outcome of Williams regarding consent under false pretenses?

  No defence, guilty under false pretenses