11.4 Consent

Question 1

What type of defence in consent

Answer 1

Full defence to non-fatal offences

Question 2

General rule on consent

Answer 2

• Can only consent to minor harm (assault+battery)
• (Wilson v Pringle) all consent to everyday jostlings
• Consent to anything else must be a medical procedure, sports or body adornment

Question 3

Consent wrongfully obtained

Answer 3

• fraud (R v Tabassum)
• threat (R v Olugboja)
• misinformed consent (R v Dica)

Question 4

Can a D be mistaken in whether they have obtained consent?

Answer 4

Yes (R v Aitken)

Question 5

Consent to medical procedures and body adornment

Answer 5

Medical Procedures
- consent is presumed but can be refused (R v Blaue)
Body adornment
(R v BM) wild shit not allowed, tongue splitting
(R v Brown consent not available to sado-masochism

Question 6

Consent in sports and horseplay

Answer 6

Properly conducted sports
- can consent to minor harm, also consent to risk of ABH/GBH. (R v Barnes) a late tackle causing serious injury not enough
Horseplay
(R v Jones) consent to risk of ABH/GBH if you take part