Consent Evaluation

What is bad about consent being a common law defence?

The law is contained in case decisions which can conflict with each other

Give examples of two cases that conflict with each other in consent:

Tabassum and Bulduc and Bird - the outcomes varied as to whether surrounding circumstances affected how real consent is.

What was the contradiction between Brown and Wilson?

A group of consenting homosexuals were denied the defence to S47 but a couple consenting were allowed it to S20 only because they were married.

What does consent give people?

The autonomy to decide what level of harm they can choose for themselves

What is the contradiction in sporting serious injuries

They are allowed in some sports like boxing and martials arts but are not always sanctioned by consent in others like rugby.

What can cause inconsistencies in consent?

The factor of what constitutes public policy

What two cases can the contradiction of public interest be seen?

In Brown and Wilson again

Why does friendly horseplay cause inconsistencies?

• It is not clear as to what is or is not allowed

• Consent is allowed even if there is serious harm caused - Jones

What two words in friendly horseplay have a lack of clarity?

‘Hostility’ and ‘Similar age’

What cases contradict in friendly horseplay over the allowance of a drunken mistake?

Richardson and Irwin contradict with O’Grady’s a drunken mistake is no defence.

How does consent commit the terminally ill to living a nightmareish live of long pain?

Because nobody can consent to their own deaths - Euthanasia is not allowed

What case held the latest statement on consent of their own death?

Lamb (2014)

What is the conclusion of the consent evaluation?

There are many inconsistencies due to it being common law - based off of cases, and the current law is also not clear.

How have the HL and the Law commission contradicted over consent?

The LC said that anything short of ‘seriously disabling’ was not criminal if V consented. However, the HL said in Brown that anything amounting to ABH or worse could only be consented to if ‘there was good reason for it’.