the deets on consent

• Consent can be a defence to the non fatal offences. It is never a defence to murder or grievous bodily harm offences
• The consent must be willingly given, and the victim must be aware of what they are consenting to
• what is the significance of the case of r v tobassum?

  It gives an example of not genuine consent because the victims didn't have the full facts.
• which case gives an example of not genuine consent because the victims didn't have the full facts?

  r v Tobassum
• what is the general rule on consent

  No one can consent to harm that is worse than assault occasioning actual bodily harm
• What is the significance of the Attorney General's reference of 1980?

  It gives the general rule on consent
• which case gives the general rule on consent?

  Attorney General's reference in 1980
• what are the four activities the victim can consent to harm more severe than assault occasioning actual bodily harm?

  Surgical operations

  Tattoos and body adornment

  Physical sport

  Rough and undisciplined play of young people and adults- AKA horseplay
• what is the significance of the case of r v wilson?

  It shows how branding is included under the exception to the rule of consent of tattoos and body adornment
• which case shows how branding is included under the exception to the rule of consent of tattoos and body adornment?

  r v wilson
• There is some sort of wounding involved in surgical operations, as such a patient is educated on the benefits and risks and must sign a consent form before going through with the procedure
• in physical sports, consent will be a defence to harm that is ordinarily incidental to the game.
• What is the significance of the case of r v Billinghurst?

  It is an example of consent failing because the harm caused was an off the ball incident.
• which case is an example of consent failing because the harm caused was an off the ball incident?

  r v Billinghurst
• what is a harm caused by an off the ball incident?

  Injuries that are caused by the abnormal course of a game
• Society accepts that “community life" (e.g., school playground) involves risk of deliberate physical contact. However, if a child who doesn’twant to join in will be protected by criminal law
• what is the significance of the case of r v Jones and another?

  It shows how Young persons may consent toboth Assault occasioning actual bodily harm & Grievous bodily harm, but very young people can’t give valid consent
• which case shows how Young persons may consent to both Assault occasioning actual bodily harm & Grievous bodily harm, but very young people can’t give valid consent?

  r v jones and another
• which case shows how adults can consent to assault occasioning actual bodily harm?

  r v Aitken
• what is the significance of the case of r v Aitken?

  It shows how adults can consent to assault occasioning actual bodily harm
• when will a person not be able to consent to ABH and GBH?

  Sadomasochistic behavior- serious injury inflicted for sexual gratification of the defendant or victim

  Fighting- even if both parties agreed to fight
• what is the significance of the case of r v Brown?

  It shows how the law does not recognise satisfying sadomasochistic urges as a valid reason to consent to Assault occasioning actual bodily harm or grievous bodily harm.
• which case shows how the law does not recognise satisfying sadomasochistic urges as a valid reason to consent to Assault occasioning actual bodily harm or grievous bodily harm?

  r v brown
• what is the significance of the case of wilson v pringle?

  It shows how the ordinary jostling of daily life were not a battery, and nobody can complain about jostling, which is inevitable in a busy area or for example, a simple back sla,p which is within reason
• Which case shows how the ordinary jostling of daily life were not a battery, and nobody can complain about jostling, which is inevitable in a busy area or for example, a simple back sla,p which is within reason?

  Wilson v Pringle
• what is the significance of the case of burrel v harmer?

  It shows how gaining consent from someone who lacks mental capacity to give consent will not amount to true consent.
• which case shows how gaining consent from someone who lacks mental capacity to give consent will not amount to true consent.?

  Burrel v Harmer