Consent

What are the 2 main aspects of consent?

1. Is the consent genuine?
2. 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