Consent

Question 1

What is the first element of Consent?

Answer 1

1. Valid consent
   Any consent must be valid which means the V has to have legal capacity (Burrell v Harmer)

Question 2

What is the second element of Consent?

Answer 2

2. Real (True) Consent
   There must be real consent. If V does not know the true nature and/or the quality of the act, there cannot be true consent. (R v Tabssaum)

Consent on transmission of disease (R v Dica)

Question 3

What are the 7 exceptions to the general rule of consent?

Answer 3

• Properly conducted games and sports
• Tattooing and branding
• Sexual activity
• Horseplay
• Surgery
• Lawful chastisement
• Dangerous exhibitions, medical procedures and haircuts

Question 4

What rules must boxing be held under?

Answer 4

Queensbury rules

Question 5

Does consent work for off the ball incidents?

Answer 5

Consent will not work for off the ball incidents as it is no different from using deliberate use of unlawful force (R v Barnes)

Question 6

What is the case for tattooing and branding?

Answer 6

R v brown, R v Wilson

Question 7

What is the consent rules for sexual activity?

Answer 7

If injury during sexual activity is accidental then consent is recognised. (R v slingsby)

If injury is deliberate then consent does not work e.g. sado-masochistic behaviour (Brown and others)

Question 8

What is the case for horseplay?

Answer 8

R v Jones