Consent

• General rule?

  General rule: cannot consent to ABH or above (AG Ref no 6 of 1980)
• Public Policy exceptions to the general rule: sport

  consent to force that would reasonably be expected in a game (like a risky tackle – Barnes)
• Public Policy exceptions to the general rule: Lawful surgical interference


  e.g. consent to surgeon ‘wounding’ to perform an operation
• Public Policy exceptions to the general rule: body adornment

  e.g. tattooing or piercing - Wilson
• Public Policy exceptions to the general rule: normal sexual activity

  NOT like Brown - cannot consent to S&M
• Public Policy exceptions to the general rule: horseplay


  courts lenient with rough play, even when a mistaken belief in consent – Jones & Others
• • Consent must be informed (no defence in Dica, as they were not aware of his HIV)
  • Fraud negates consent if it deceives as to the identity of D, or nature & quality of the act (e.g. Tabassum)