Consent

Question 1

Define Consent

Answer 1

• Consent is a defence to non-fatal offences
• It means the victim agreed to the act

Question 2

What Structure you should use when establishing Consent

Answer 2

• Did V Consent
• Type of Harm
• Exceptions
• True Consent

Question 3

How can Consent be given

Answer 3

Consent can be:
- Express (Clearly given)
- Implied (Assumed from Situation)

Question 4

Explain Implied Consent and give a case

Answer 4

• Applies to everyday physical contact.
  Wilson v Pringle - Covers “Ordinary jostlings of everyday life.”

Question 5

Explain When Implied Consent Does NOT apply and give a case

Answer 5

• If contact goes beyond everyday contact, consent is needed.
  Collins v Wilcock - Grabbing someone’s arm = beyond everyday contact -> no implied Consent

Question 6

Explain Express Consent

Answer 6

• Where V clearly and explicitly agrees to the act (e.g. verbally or in writing)

Question 7

Explain Type of Harm

Answer 7

• Consent is a Defence to: Assault, Battery
• Not a Defence to: ABH, GBH

Question 8

Give a case for Type of Harm

Answer 8

AG’s Reference (No 6 of 1980) - Cannot Consent to actual bodily harm or more, unless exception applies.

Question 9

What are some Exceptions (Where Consent is allowed for ABH/GBH)

Answer 9

• Contact Sports
• Bodily Adornment
• Horseplay
• Surgery

Question 10

Explain the Exception for Contact Sports and give a case

Answer 10

• Players consent to injury within rules of the game
  R v Barnes - No liability unless conduct is sufficiently serious/outside rules. Serious Late tackle.

Question 11

Explain the Exceptions for Bodily Adornment and give a case

Answer 11

• Includes tattoos, piercing, branding
  R v Wilson - Branding wife = Allowed as bodily adornment.

Question 12

Give a case for getting pleasure from pain

Answer 12

R v Brown - Consent NOT valid for sadomasochistic harm.

Question 13

Explain the Exceptions for Horseplay and give a case

Answer 13

• Rough Play (often with no intent to harm).
  R v Jones - Horseplay can be a defence even if serious injury occurs.

Question 14

Explain the Exceptions for Surgery and give a case

Answer 14

• Consent valid for medical procedures
  Key Points: Must be in the patients best interests and done by a qualified professional.

Question 15

Explain True Consent

Answer 15

• Even if V appears to consent, it must be valid
  Courts look at:
• Nature and Quality of the Act
• Capacity to Consent

Question 16

Explain Nature and Quality of the Act and give a case

Answer 16

• V must understand what they are consenting to.
  R v Tabassum - Consent invalid if V does not understand true nature

Question 17

Explain Capacity to Consent

Answer 17

V must have capacity:
- Not too young
- Not mentally impaired