Studied by 1 person
What are the 2 main aspects of consent?
Is the consent genuine?
Is nature/degree of harm allowed?
R v Tabassum
Mistaken belief as to facts or lie told by D will prevent consent being genuine
R v Olugboja
If V submits to D’s conduct through fear, consent is not real
R v Barnes
Implied consent applies to situations like sport, but if a breach of the rules is serious then D can be guilty of offence
R v Brown / R v Wilson
Sado-masochistic homosexuals wasn’t consent but sado-masochistic heterosexual couple was consent
(relates to consent to minor injuries)
R v Jones
Where D genuinely but mistakenly believes V is consenting, then there is defence to assault
