Consent

Consent

1 - express or implied

2 - effective:

(i) informed

(ii) no duress

(iii) capacity

3 - No fraud

(i) - nature & quality

(ii) identity

Brown

the categories are:

- surgery

- body modification

- religious flagellation

- sports

- horseplay

- sexual pleasure

surgery

valid consent needed - including both essential and non-essential treatment

wilson

body modification:

- branding his wife was akin to tattooing and other body modification.

- can consent to this

r v bm

extreme body modification:

- recent case

- cannot consent to this as the court believes we should protect individuals from engaging in this behaviour

- Samantha Pegg suggests a reform in the law

barnes

sports - d's conduct can be outside the rules of the game and still be validly consented to

jones

horseplay - school kids threw another child in the air and he fell. implied consent to this

aitken

horseplay - RAF officers set each other on fire, held to be valid consent

brown

sexual pleasure:

- 3:2 decision that the actions were violent and not sexual and concluded that sadomasochism doesn't fit into one of the excluded categories

konzani

sexual pleasure:

- STI is not consent as it is fraud to the nature and quality of the sex

dica

sexual pleasure:

- D may validly consent to the risk of a potentially lethal STI where the consent is fully informed.

- This will not include where either party is intending it

wilson

sexual pleasure:

- courts felt that this was not an area of criminal law they should interfere with as it was 'consensual activity between husband and wife in the matrimonial home'.

slingsby

where you only intend or foresee a batter but something more serious occurs that was consented too then this consent will be valid no matter what the activity involves.

Burrell v Harmer

effective consent - capacity:

- teenagers got tattoos

- consent not valid as they were underage so didn't have the capacity to consent

Tabassum

fraud - nature and quality:

- people consented to breast examinations by a medical professional.

- he was not a medical professional so there consent was not valid due to fraud

richardson

fraud - identity:

- dentist was suspended but still carried on practicing

- was held not to be fraud as to identity of the person.