Defence of consent

• Consent

  'We all consent to the jostling of everyday life' - Wilson v Pringle

  It is a full defence to some non-fatal offences, never murder
• R v Donovan 1934

  Caned girl for sexual gratification, convicted of indecent common assault, appealed on basis of consent and conviction was quashed.
• What can someone consent to?

  Reasonable surgical intervention, treatments, physio, fixing broken bones

  Consent of relatives needed if patient unconscious

  Operating on someone without consent is GBH
• R v Blaue 1975

  Refused blood transfusion as it went against her religion

  Consent is presumed in life-saving situations but can be refused.
• Body adornments

  R v Wilson 1996: tattooing, ear/body piercing and branding are allowed

  Consent cannot be given for body modification.
• R v Wilson 1996

  Branded his initials with a hot knife on his wife's buttocks. No conviction for assault causing bodily harm. Court said it was no more dangerous than tattooing.
• R v BM 2019

  Consensual procedures such as tongue splitting, ear and nipple removals without anaesthetic.

  Judge said they required medical consent.
• R v Brown 1993

  Ds performed consensual sado-masochism and non-permanent injury to each other, court stated injury should not be inflicted on public without good reason.
• R v Emmet 1999

  Tied plastic bag around head during sexual activity, set fire to her with consent, charged with ABH and defence could not be used where the harm is more than trivial.
• R v Slingsby 1995


  Signet ring caused cuts which led to blood poisoning and death after sexual activity, victim's consent meant there was no manslaughter as there was no battery/form of assault.
• Properly conducted contact sport

  Can consent to minor harm, ABH and GBH while playing a contact sport

  If ABH or GBH occurs through a serious breach, cannot use the defence.
• R v Barnes 2004

  Broke Vs leg when performing a late tackle, defence of consent used - if serious breach, cannot use the defence.
• Horseplay


  Young children often engage in undisciplined/rough play - you can consent to risk of ABH or GBH if taking part.
• R v Jones 1996

  Suffered broken arm and ruptured spleen after being thrown in the air, court said they consented to the risk of injury.
• Is the consent real?

  If obtained through fraud or threat then consent is not real.
• R v Tabassum 2000

  Pretended to be qualified to examine women's breasts, appealed against conviction due to consent, consent given under misled beliefs so therefore fraud had destroyed the consent given.
• R v Olugboja 1982

  A woman submitted to being raped, D argued she consented, court held consent was obtained through threat so not real.
• Is it informed consent?

  Did the V has sufficient knowledge/understanding to give consent?
• R v Dica 2004

  Didn't tell women he had HIV, amounted to GBH as the consent to sex did not extend to the consent of the risks of an undisclosed infection.
• R v Golding 2014

  Didn't disclose genital herpes so was found guilty of recklessly inflicting GBH.
• Gillick Competency Rule


  Children under 16 cannot give consent

  Rule states that 14-15 may have maturity to give informed consent depending on the individual

  Government decided to provide girls with contraception without parent's consent

  Court decided it's up to doctor to decide whether the girl is mature enough.
• What if the belief in consent is mistaken?

  A genuine mistaken belief will allow defence to be used.
• R v Aitken 1992

  Genuinely believed V consented to being on fire while dressed in fire-resistant suit, Ds had genuine belief despite not having consent so therefore not guilty.