Consent

• Defence to assault / battery

  No defence to murder ( euthanasia )
• No liability if a person inflicts minor harm into the consent of the victim ( Slingsby )
• True/ Real consent =

  ( Tabassum ) - Deception to identity thus not real consent

  ( Richardson ) - no deception thus real consent

  There is a difference between real consent and mere submission - for the jury to decide ( Olugboja )
• informed consent =

  ( Dica ) - no consent - not fully informed , consented to the sex not to the GBH - updated ( Clarence )
• Implied consent = Held that ordinary jostling was not battery. may apply to contact sports ( Wilson v Pringle )
• The rule = You cant consent to s47 or upwards only assault / Battery ( Ag ref )

  consent not a defence to s47 unless an exception ( Brown )
• Exceptions include = properly conducted sports / games, reasonable surgical interreference, tattooing, body piercing, horseplay, Chastisement of children.
• Contact sports :

  ( Barnes ) - Conduct exists for properly conducted sports / games

  1. was the infliction intentional
  2. did the injury occur in normal play or off the ball ( half time )
  3. is the conduct withing the rules of the game
• Body Adornment =

  ( Burrell v Harmer ) - reasonable surgical interference, tattooing, piercings, injections - give rise to consent

  Consensual sexual behaviour between couples which cause the harm is not an offence. Branding is a form of tattooing. ( Wilson )
• Horseplay = ( Jones ) - consent can be a defence to an assault charge where it was caused by 'rough undisciplined horseplay '
• Chastisement of children = S58 Children act 2004 - reasonable and lawful chastisement of children is lawful ' reasonable and proportionate in circumstances involving no cruelty '
• Mistaken belief = ( Atiken ) - where the defendant genuinely but mistakenly believe the victim consent there is a defence to assault

  ( Richardson v Irwin ) - even an drunken mistake can be a defence