consent

• Wilson v Pringle


  jostlings of everyday life is not battery
• consent must be valid - only valid if the victim understands the nature of the act and know exactly what they're consenting to
• consent must be valid - victim must have the capacity to consent - children and those suffering from a mental illness may not be able to give valid consent
• Burrell v Harmer


  consent must be valid
• Gillick v West Norfolk


  under 16 can consent to medical treatment if 'Gillick-competent'
• if medical staff are acting in the patient's best interests the absence of consent is not unlawful
• consent must be informed - victim must be informed as to the identity of the defendant and the nature and quality of their act
• R v Dica


  consent must be informed, cannot consent to a risk of infection
• if the D has obtained V consent by fraudulent means, does not always render the consent invalid
• R v Tabassum


  consent must be real and not fraudulent to succeed
• R v Richardson


  fraud will only invalidate consent if the V is decieved as to the identity of the D or the nature and quality of their act
• exceptions - consent to surgery if level of injury is being carried out to their benefit, adults can consent to tattoo or piercing as well as branding (Wilson)
• Barnes


  participation in sport gives rise to implied consent but an incident which takes place outside the rules of the game will not be considered to have been consented to
• R v Coney


  a fight cannot be consented to even when both parties agree to it
• AGs Ref No6


  consent is never a defence to streetfighting
• mistaken belief - where D genuinely, but mistakenly, believes that V is consenting, then consent is a defence
• R v Jones & R v Aitken


  consent is a defence to injury through horseplay
• R v Brown


  consent is never a defence to sado-masochistic acts
• R v Donovan & R v Slingsby


  where person consents to being touched there is no battery
• R v Olugboja


  submission does not necessarily mean true consent
• Pretty


  consent is never a defence to murder
• Dr Evil


  cannot consent to extreme body modifications