consent defence Flashcards
(12 cards)
outline the defence
where V consents to D’s actions to provide a full defence
principle from Aitken?
D will have the defence of consent if he believes he has consent, even if that belief is mistaken
principle from Tabassum?
consent must be true and genuine
what can affect when consent is genuine?
intoxication
principle from Pretty?
consent cannot be a defence for murder
principle from Wilson v Pringle?
consent is a defence for assault/battery
- there’s also implied consent to everyday social contact
principle from Slingsby?
consent is a defence for ABH+ if V consents to an assault of battery that leads to unforeseen ABH+
Principle from Brown?
consent is not a defence if D did intend or foresee ABH+ unless an exception
what are the 4 exceptions?
- bodily adornments
- medical treatment
- sports
- horseplay
two cases for bodily adornments and their principles?
R v Wilson - includes branding
R v BM - doesn’t include body modifications e.g. tongue splitting
case for sports and principle?
R v Barnes - consent when play sports and expects slight breach in rules. D will only be liable if breach is so bad as to be criminal
cases for horseplay and principle?
Aitken and Jones - only where ABH is foreseen but NOT intended
