Consent

• The defence of consent may be relevant in this case. X may argue that Y(the victim) has negated(cancels) his/her actions by consenting to what is done.
• Strictly, a person can only consent to assault and battery as there is no injury (brown)

  However, even if injury is inflicted, the defence may still apply. Here, the D has committed.... (state the offence D has committed)
• For the defence to apply, the actions must fall within one of the recognised exceptions or 'good reasons' in the leading case of Brown.
• 1. Normal social intercourse - this covers things such as shaking hands, tapping someone on the shoulder to draw their attention to something, hugging etc. But if a person withdraws their consent then the act can become criminal.
• 2. sporting activities - When acting within the rules of the game, but must be 'organised sport' (regulated sport) - AG Ref No.6 of 1980.
• 3. Medical procedures, dentistry, piercing, tattooing, blood tests etc. - these tend to be given express consent (you consent yourself) to or implied consent (consent due to a circumstance)in emergencies and therefore the practitioner cannot be charged with a criminal offence.
• The case of Brendan McCarthy it was ruled that certain body modification carried out by someone with no qualifications to carry out surgical procedures, cannot be consented to.
• 4. Rough horseplay - this includes the usual pushing and shoving between friends. Jones provides that when there is horseplay, there will be no offence committed if the Ds were not intending to cause harm and genuinely believed the injuries which occurred did so with the V's consent.
• 5. lawful chastisement - Children Act 2004 permits mild smacking for discipline providing it does not leave visible bruising
• 6. Dangerous exhibition - covers entertainment such as circus acts
• • However in order for the defence to be successful, the consent has to be genuine and the victim has to consent to the nature and quality of what is done - Tabassum
  • Consent must also be informed and so one must know what they are consenting to - Dica
• If X is a child or mentally ill then say: children or mentally ill do not have the capacity to consent - Burrell v Harmer
• If the D genuinely, but mistakenly believes the victim is consenting there may be a defence - Jones and Aitken. Even a drunken mistake - Richardson and Irwin