consent

• consent 


  involves balancing the freedom of the individual against considerations of public policy

  an adult must have the capacity to consent

  'we consent to everyday jostling' so not batteries - (Wilson v Pringle)

  consent never defence to murder - (pretty)

  not always available for sexual offences, children under 13 can't consent to sex (r v g)

  an honest but mistaken belief in consent is effective as a defence (jones&others)
• consent general rule

  can't consent to abh or above unless points apply
• consent point 1

  properly conducted sports and games

  can be defence in physical contact sports, only if reasonably expected within game

  successful defence - (barnes)

  failed defence - (billingshurst)
• consent point 2

  lawful surgical interference

  providing surgery in interests of patient, consent valid defence, even to wounding and gbh

  defence failed - (Burrell v harmer)

  defence successful - (Wilson)
• consent point 3

  'normal' sexual activity

  defence successful - (Donovan)

  d can't be guilty for uam - (slingsby)

  defence failed - (brown)
• consent point 4

  horseplay

  genuine mistaken belief in consent to 'rough and undisciplined horseplay' could be a defence, even if belief unreasonable - (jones)

  mistaken belief should be left for jury to decide - (aitkin)
• consent must be real


  submission not the same as consent - (olugboja)

  consent must be informed - (dica)