Consent Flashcards
Consent valid
Always valid for assault and battery, not for ABH / GBH / wounding unless falls in exception
Complete defence, burden of proof on prosecution
Exceptions for intentional injury
Contact sports - r v coney, must have protective equipment and referee
Surgery - all risks explained, montgomery v lanarkshire CC
Ritual circumcisions - Re J, yet FGM unlawful since 2003 act
Tattooing - burrell v harmer, no body mods like tongue splitting Re BM
Branding - r v wilson, no sado-masochism R v Brown and others
Risk of accidental injury - properly conducted sports
R v johnson - no excuse for intentional infliction of injury
R v Billinghurst - no defence for “off-the-ball” incident
R v Barnes - Consent allowed for “on-the-ball” incidents
Other
Rough horseplay, no intent to cause injury
R v Jones
Includes Initiation pranks - r v aitken
Reasonable and lawful chastisement of children - s.58 Children act
No defence if bruises inflicted - A v UK
Sexual activity - R v Slingsby
Risk of HIV / STD - only if V aware of risk - r v dica
Consent must be real
V must understand the nature and quality of act sonsenting to
V must also not lack the capacity to consent or be acting under duress
R v Tabassum - D lied about medical quals to do breast exams
Consent cannot be obtained fraudlently
No defence if D lies about identity (R v Elbekkay pretend to be bf for sex)
Could also be fraud about nature of act (R v williams, sex for vocal chords)
Fraud will not always prevent defence if consent remains valid - r v linekar
Consent can be express or implied
V can give express consent - verbally or in writing
Children u16 can consent if gillick competent
Can be implied consent “ordinary jostlings of everyday life” - wilson v pringle
Doctors can operate without consent where the patient is unable to consent and the doctor acts in best interest - F v West berkshire HA
Submission is not the same as consent
If V has submitted due to fear, not same as saying yes - R v Olugboja
