consent

Cards (6)

  • Consent is a common law defence to some non-fatal offences, but it does not apply to section 47 and above, being the only defence to assault and battery
  • In legal cases like A-G’s reference, consent cannot be used as a defence for bodily injury, but it can be given for activities like horseplay, medical procedures, body art, sport, and stunts
  • In R v BM, it was established that consent is not a defence to body modification, while in cases like Barnes and Jones, serious injuries from activities like heavy tackles or horseplay may not be within the rules of the game
  • Sadomasochism cannot be consented to, as ruled in the case of Brown, and for consent to be valid, it must be genuine and real, as seen in cases like Tabassum and Dica
  • Implied consent, such as in crowded areas where minor touching is expected, and mistaken belief in consent, like in the case of Jones or Aitken who was set on fire, are also important considerations in legal contexts
  • Olugboja case highlighted that submitting to rape is not considered consent in legal terms