consent

• what is consent a defence for

  may be a defence to non-fatal offences against the person

  However its never a defence for murder or serious injury cases
• what is lawful consent

  its a valid defence to assault and battery but its not a defence to ABH,GBH or wounding unless fits within a recognised exception.
• why is consent not technically a defence


  as where the other person consents theres no offence
• real consent


  there must be true consent. Fraud as to the nature and quality of the act can negate consent
• case for real consent

  Tabassum

  - D persuaded women to allow him to measure his breasts

  - she said she only consented to D if he had medical qualifications

  - The CA approved the trial which said 'consent in such cases doesnt exist at all, because the act consented to is not the act done
• submission isnt the same thing as consent- CASE

  Olugjoba

  - when D tried to have sex with her she submitted

  - The CA held there was a difference between real consent and mere submision ( it was for jury to decide if consent was real )
• consent gained by fraud CASE

  NEWLAND

  D found guilty of tricking female friend into having sex with her by pretending to be a man
• where D knows have HIV or STD consent must be informed

  Dica and Konzani
• Golding


  includes sexually transmitted herpes
• define express consent


  these are situations where we explicitly asked verbally or in writing before a procedure that would otherwise be an assault ( e.g ear piercing, surgery or dental treatment )
• implied consent


  consent to minor touching. it is possible to impliedly consent to minor batteries through situations e.g where people inevitably come into contact such as football matches or concerts )

  Wilson v Pringle
• general rule - intentional injury

  where an injury is caused intentionally, consent isn't a defence unless the situation falls into one of the public policy exceptions to this rule
• exceptions ( only explain where they come up in scenario ) ( sugery,tattoo,boxing,rugby)


  Surgery- many types of surgery require that a wound be inflicted so the patient can consent to this level of injury as its for their benefit

  
  

  Tattooing and piercing - adults can consent to tattoos and piercing, and also branding like in wilson

  
  

  rugby - Billinghurst where Ds actions of punching an opponent had gone beyond what was consented to

  
  

  boxing - public boxing matches can be consented to. Illegal bare knuckle prize fights cannot like in Coney. a general fight cabt be consented to even where both parties agree ( AG ref no6 of 1980 )
• explain exception of sports

  - can consent to injuries sustained in the game

  - R v barnes outlines courts reluctance to impose liability during contact games if force is reasonable in situation

  - criminal prosecutions will be limited to grave situations

  - type of sport, level, nature of act and degree of force and exteng of injury and state of mind will all be considered before action is brought
• explain exception of sexual acts

  sexual acts resulting in injury can be consented to ( slingsby ) but sadomasochistic acts that cause injury cannot be , like in brown.

  However in wilson it was said branding a buttock was no different to tattooing so could be consented to