Consent

Question 1

What is consent?

Answer 1

Defence to assault and battery only, never available for murder

Question 2

Case for consent

Answer 2

A-G’s reference No.6 of 1980

Question 3

What are the exceptions to consent?

Answer 3

• Medical procedures
• Body art
• Sport
• Horseplay

Question 4

Medical procedures

Answer 4

• If a mentally capable patient refuses operation/blood transfusion, the treatment cannot be given
• Ritual circumcision is allowed but not ritual mutilation

Question 5

Body art

Answer 5

• Wilson
• Branded initials onto wife’s buttocks, said to be similar to a tattoo or other forms of body art

Question 6

Body modifications

Answer 6

• R v BM
• Removal of ears, nipples, tongue divisions: consent not available as not in the public interest

Question 7

Sport

Answer 7

• Barnes
• Consent can be defence if within rules of the game: courts only intervene when conduct is seriously grave/extreme

Question 8

Horseplay

Answer 8

• Jones
• Consent allowed as long as there’s no intent to cause injury
• Extended to adult horseplay in Aitken

Question 9

Sadomasochistic activity

Answer 9

Not recognised exception due to cruelty/degradation

Question 10

Case for sadomasochistic activity

Answer 10

Brown

Question 11

There must be consent to:

Answer 11

• Nature and quality of the act
• Identity of person carrying out act

Question 12

Case for nature and quality of act

Answer 12

Tabassum

Question 13

Case for identity of person carrying out the act

Answer 13

Richardson

Question 14

Informed consent

Answer 14

V must be fully informed to consent

Question 15

Case for informed consent

Answer 15

Dica

Question 16

Implied consent

Answer 16

Courts accept that a certain amount of physical contact is inevitable, e.g in crowded areas

Question 17

Submission

Answer 17

• Olygboja
• Submission is never consent