Consent

Question 1

Consent Intro

Answer 1

Technically not even a defense = where a person gives consent, there is no offence (generally speaking)
- R V Donovan = no battery as the V had consented

NEVER a defence to MURDER = euthanasia is still murder even when V consents to killing/assisted suicide

Question 2

Consent Definition

Answer 2

Where a person with adequate mental capacity voluntarily gives their permission to a particular act
- this can be express or implied

Question 3

Person cannot consent to an activity that is intened or likley to cause s.47, s.20 or s.18 injuries

Answer 3

Matter of public policy

R V BM =body modifications amounted to s.18 wounding

R V Brown - sadomasochist case (even though consent, still convicted, s.47 and s.20 injuries)
Vs
R V wilson
_____________________________________

Consent to Minor injuries
- no other injuries above s.47
BUT
AG’s ref no.6 = 2 consenting men fighting in street couldn’t use defence = floodgates

Question 4

GENUINE CONSENT
(express consent)

Answer 4

Fraud may vitiate consent;

> R V Tabassum - (unqualified doctor, misled Vs in order to do breast examination)
R V Dica - (consented sex, but not to contacting HIV)
Richardson - (suspended dentist carried put treatment)
R V Melin - (not medically qualifies to inject botox)

Consent gained under duress vitiates consent;
>R V Olugboja (threatened V into having sex)

Insufficient understanding = not true consent
>Burell and Hamer (tattooed x2 undera-ged boys)

Question 5

IMPLIED CONSENT

Answer 5

Situations where the courts imply minor touchings which would otherwise be battery as consented
- “the ordinary jostlings of life” = Wilson and Pringle

Contact sports;
by partaking = agreeing to contact element
>R V Barnes (accidental injury, hard tackle)
where contact goes beyond rules, may still be a offence
>R V moss = punched opposition in rugby match, convicted of s.20 GBH - contact sport isnt “a license for thuggery”

Medical procedures;
no surgeon is liable for what would amount to s.18 wounding or manslaughter if patient died
BUT
V can denie consent - Blaue

Question 6

MISTAKEN CONSENT

Answer 6

May still be a charge if mistken
BUT
Unlikey if just “horseplay” as there is no MR for the crime

R V Jones - even though serious injuries to V, deemed to be consented to