Consent essay breakdown

Consent essay breakdown

1. Find D guilty of the offence

   • However, D may have the defence of consent available to them. It should be noted that consent to injury or to the risk of energy is only valid if it is freely given by adults, Burrell & Harmer, and fully informed as decided in Dica.
     • Also, consent is only available as a defence for up to a certain level of injury.
       • Consent may be given for injuries up to and including assault and battery but nothing more serious than this and consent can never be given for death as decided in Pretty
         • So following Brown even where consent was given by adults to injuries this was not accepted by the courts on policy grounds.
           • Consent may be implied and following the case A.G Ref no 6 the court provided situations under which even where injuries were caused consent would be applicable.
             • These include properly conducted contact sports, (Barnes), rough horseplay (Jones or Aitken), surgery, ear/ body piercing, and tattooing.
               • D could argue that their actions is one of the exceptions
                 • Following the case Wilson in contrast to Brown, it is possible that D could successfully show that as he had gained V's consent and the fact X was a recognised exception then he should be found not guilty.
                   • In addition, where consent is sought it has to be from a person who is over 18 and not suffering from any sort of medical illness.
                     • Relate to scenario, take any mental disabilities or underage into consideration
                       • Decide whether the defence would work
                   • However, firstly if D is not qualified at X this argument would fail.