Consent
Consent
Define: There are three factors to consider when deciding the defence of consent; does the defendant have genuine consent, is it an offence that can be consented to, do any exceptions apply.
Genuine Consent: The victim had sufficient understanding of the nature and quality of the actus reus and had the intelligence to consent.
Burrell v Harmer: Held consent was unavailable as the boys were unable to understand the nature and quality of the actus reus and the pain that it would cause.
Can it be consented to: You can never consent to the crime of murder, but can only consent to the crimes of assault or battery.
Brown: Held consent would only be available to the crimes of assault and battery.
Do any exceptions apply: The defence of consent can be available to some more serious crimes, here the courts will look at the social utility of an act and make a decision based on public interest.
AG Ref No.6 of 1980: (Boxing/Fighting). Held the fight was unlawful and consent was unavailable as it didn't adhere to the Queensbury rules.
Barnes: (Football/Contact Sports). Held criminal proceedings should only take place if the event took place outside of the normal play of the game.
Wilson: (Tattooing/Branding). Held consent is available to tattooing, branding and other related acts.
Jones: (Horseplay). Held consent is available for rough and undisciplined play if the defendant has no intention to cause the injury.
Extra Cases
Tabbassum: Held the women did not give valid consent as they did not appreciate the nature and quality, as they believed it was for medical purposes.
Richardson: Held all patients gave valid consent as they understood the nature and quality.
NHS Trust v Bland: Held the court is the only body that can consent to the discontinuing of a life support machine.
Slingsby: Held consent was available as the defendant did not intend to cause injury.
Dica: Held even though the women consented to sex, they did not understand the nature and quality of the act.
Define: There are three factors to consider when deciding the defence of consent; does the defendant have genuine consent, is it an offence that can be consented to, do any exceptions apply.
Genuine Consent: The victim had sufficient understanding of the nature and quality of the actus reus and had the intelligence to consent.
Burrell v Harmer: Held consent was unavailable as the boys were unable to understand the nature and quality of the actus reus and the pain that it would cause.
Can it be consented to: You can never consent to the crime of murder, but can only consent to the crimes of assault or battery.
Brown: Held consent would only be available to the crimes of assault and battery.
Do any exceptions apply: The defence of consent can be available to some more serious crimes, here the courts will look at the social utility of an act and make a decision based on public interest.
AG Ref No.6 of 1980: (Boxing/Fighting). Held the fight was unlawful and consent was unavailable as it didn't adhere to the Queensbury rules.
Barnes: (Football/Contact Sports). Held criminal proceedings should only take place if the event took place outside of the normal play of the game.
Wilson: (Tattooing/Branding). Held consent is available to tattooing, branding and other related acts.
Jones: (Horseplay). Held consent is available for rough and undisciplined play if the defendant has no intention to cause the injury.
Extra Cases
Tabbassum: Held the women did not give valid consent as they did not appreciate the nature and quality, as they believed it was for medical purposes.
Richardson: Held all patients gave valid consent as they understood the nature and quality.
NHS Trust v Bland: Held the court is the only body that can consent to the discontinuing of a life support machine.
Slingsby: Held consent was available as the defendant did not intend to cause injury.
Dica: Held even though the women consented to sex, they did not understand the nature and quality of the act.
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