consent a level law

What is this topic a defence for?

Non-Fatal Offences

Describe Consent in terms of the Law.

Consent is strictly speaking not a defence, as where the other person consents, there is no offence.

What does the case of 'Tabassum' show?

There must be true consent.

What does the case of 'Burrell v Harmer' show?

'The victim must have the capacity to consent'.

Children and those suffering from mental illness may not be able to give valid consent.

What does the case of 'Dica' show?

V must be fully informed.

What does the case of 'Wilson and Pringle' show?

There are situations in which the courts imply consent to minor touching, which would otherwise be battery.

What does the case of 'Richardson and Irwin' show?

Mistaken belief in consent is where D genuinely, but mistakenly, believes that V is consenting then there is a defence to an assault.

What does the case of 'Attorney's General's Ref (No6 of 1980)' show?

Consent could not be a defence to minor injuries as it was not in public interest.

What is a 'Public Policy Exception'?

Where consent is a defence to an assault charge even if injury is caused.

What does the case of 'Barnes' show?

Football - Must be within the rules of the game

What does the case of 'Billinghurst' show?

Rugby - Off the ball incident

What does the case of 'R v Coney' show?

Boxing - Street fighting and bare knuckle fighting is not lawful.

What does the case of 'Wilson' show?

V can give express consent to a piercing or tattoo that is considered personal adornment.

What does the case of 'R v BM' show?

Note the limits, e.g., tongue-splitting

What does the case of 'Jones' show?

Consent can be given as a defence where the activity D and V had engaged in was ' rough and undisciplined horseplay'.

Are medical procedures allowed the defence of consent?

Yes, otherwise there would be no medical industry.

What does the case of 'Re J' show?

Male circumcision for religious purposes is lawful where both parents agree.

What does the Act, 'Female Genital Mutilation Act 2003' show?

Female circumcision is prohibited.

What does the case, 'A v Uk' and the Act 's.58 Children Act 2004' show?

Corporal punishment of children is lawful if 'reasonable and proportionate'.

What does the case, 'R v Boyea' show?

The risk of injury during consensual sexual activity short of 'vigorous' or 'sado-masochistic' activity will be a viable defence.

What does the case of 'F v West Berkshire HA' show?

If medical staff are acting in the patient's best interests, the absence of consent would not be unlawful.