Consent!!

• When can consent be used? What happens if it is successful?

  Consent can only be a defence for common assault because consent is expressed or implied, we ‘touch’ and ‘bump’ everyday (Wilson v Pringle)

  • If successful will make the act lawful
• What must consent be? + cases

  The consent given must be valid or genuine. The following cases explain this:

  • Tabassum – Consent must be true & real
  • Dica – Fully informed, V knows and understands what they are consenting to
  • Olugboja – Consent must not be given in submission out of fear
  • Burrell v Harmer (only need if child situation) - Can’t consent as they are unable to fully understand the implications, so it’s not genuine.
• What did A-G reference state?

  In A-G reference it was decided that consent to injuries was not allowed as a defence as it is not in the public's interest to cause each other harm for no good reason - (Brown) 
• What are the 2 categories of exception?

  The 2 categories of exception where consent to injury may be a defence is intentional injury and risk of accidental injury
• What are The exceptions?

  • Tattooing & body piercing
  • Aggressive sport
  • Reasonable medical surgery & treatment
  • Properly conducted sport
  • Rough undisciplined horse play
• Why is Tattooing & body piercing an exception?

  Consent available (Wilson) if 2 consenting adults, but not if extreme (Brown) 
• Why is Aggressive sport an exception?

  e.g. Boxing - Consent available if rules & regulations followed not if unregulated. E.g. Street fighting 
• Why is Reasonable medical surgery & treatment an exception?

  consent available if benefit of public interest – V knows what they’re consenting to is real 
• Why is Properly conducted sport an exception?

  Billinghurst, no consent if it is outside of the rules of the game. Consent fails if conduct is ‘sufficiently grave’ - for it to amount to criminal liability (consider intentional injury, inside/outside game rules, was it in the moment of temper or excitement 
• Why is Rough undisciplined horse play an exception?

  Consent may succeed when there's no intention to harm – D genuinely believe V had consented