consent + eval

• consent cases in order

  pretty

  donovan

  tabussum

  richardson

  olugboja

  burrell

  dica

  wilson vs pringle

  wilson

  jones/aitken

  barnes

  ag's ref number 6

  brown

  dr evil
• pretty - consent may be a defence to some non fatal offences but to never to murder
• donovan - consent is not a defence as to where the other person consents
• tabussum - consent must be real and not fraudulent
• richardson - if d hasnt lied about who they are then may not be fraud
• olugboja - there is a difference between real consent and mere submission
• burrell - consent must be valid and the person must be of age to consent
• dica - consent must be informed
• wilson v pringle - courts can imply consent to minor touching and everyday jostlings
• wilson - defence can be raised to a section 47 or 20 and these include surgery, tattooing etc
• jones/aitken - includes horseplay
• barnes - also includes properly conducted sports
• ag's ref no.6 - can never be raised as a defence to street fighting
• brown - never raised as a defence to sado masochistic acts
• dr evil - never a defence for extreme body modifications
• pros - keeps the public safe e.g from street fighting
• pros - it is needed otherwise things like surgery would be a criminal offence - allows society to function
• pros - submission doesnt mean true consent - protects those of sexual crime
• pros - must be of an age to consent - protects children
• cons - difficulties surrounding euthanasia - should be allowed to consent as is your own life
• cons - common law defence - inconsistent - subjective - confusing to interpret
• cons - is there a conflict with article 8 of human rights law - should people be allowed to do as they please in their own home - right to a private life
• cons - law is lagging behind in views of society - cases of brown and dr evil show this - it is their choice to do as they please so why arent they allowed to
• reforms - the law commission reviewed the defence of consent but no real reforms were suggested.