Consent

Consent

For the defence to work we must consider: The type of offence + The consent is geniune.
Case:Pretty - Murder, assisted suicide charges cannot use defence.
Case: AG Reference (No.6 of 1980) - One can't consent to fights resulting to ABH or more public or private unless it is part of exceptions.
1. Exceptions: Normal sports activities, Social intercourse, Medical procedure, Sexual Activity
Case: Brown - Consent cannot be used for injuries more serious than assault & sadomasochism unless it is except
Case: Barnes - Criminal proceedings in sport cases is unnecessary unless it is sufficiently serious.
1. Prosecution must look at : Type of sport, level of sport, nature of act, degree of force, extent of risk of injury + state of mind
Case: Wilson- Can't be convicted if it is activity between wife and husband at home
Case: Jones - Horseplay not offence if it was consented.
Case: Aitken - V can give consent to risk of accidental injury through rough undisciplined injury
Case: Burrell & Harmer - Tattooing needs consent and it must be someone over 18.
Case: R v H - Held consent can be used if conduct was reasonable , the nature & child's age as well plus the consequences and characteristics.
Case: Tabassum - Consent can only be for particular purpose.
Case: Slingsby - Consent is only relevant where A.R + M.R has been established.

Resource summary

	Created by Richie.Joseph over 9 years ago