Consent

Where does the defence of consent apply?

In assault or battery NOT ABH or GBH

AG Reference No.6 1980

Lord Lane: “it is not in the public interest that people… should cause each other actual bodily harm for no reason”

Collins v Wilcock

There is implied consent to limited everyday physical contact

R v Dica

V was unaware that D was HIV positive, so she could not consent to the risk of infection in having sex with him.

D held guilty of GBH

R v Tabassum

D falsely told Vs that he was medically qualified so he could act as doctor to examine their breasts.

Deemed that they consented to the nature of the act, they did not consent to the quality of the act

R v Slingsby

Ds ring infected a cut that V had.

As there was no battery during the sexual act, there was no basis for ABH

What are the exceptions to the “no defence beyond assault or battery” rule?

• Surgery

• Horseplay

• Contact sports

• Bodily adornments

Burrell v Harmer

Two boys had been claimed to have consented to having tattoos.

Consent was deemed invalid as the boys were too young to comprehend the nature of the act

R v Jones