Consent

• Consent of the victim may operate to prevent the defendant from incurring liability for what would otherwise be an offence.

• No liability is incurring if a person inflicts minor harm with the consent of the victim.

• Consent operates as a defence because the courts recognise that individuals have autonomy over their own lives.

• There are limits as to what a person may consent to, while consent may be available as a defence to non-fatal and sexual offences it isnt available for murder or manslaughter, as no one can consent to their death at the hands of another.

CASE: Pretty v UK (2002)

CONSENT MUST BE VALID

• The victims consent to the harm will only be valid if the victim understands the nature of the act and knows exactly what he or she is consenting to.
• The victim must have the capacity to consent.
• Children and those with mental illnesses cant give vaild consent.
• Following Gillick v West Norfolk and Wisbech AHA (1986) parents can give consent on behalf of their child under the child understands what is going on. 'Gillick competence'. CASE:Burrell v Harmer (1967)

CONSENT MUST BE INFORMED

• Such as having sexual contact with someone if you know that you have HIV and not telling them.

CASE: R v Dica (2004)

CONSENT BY FRAUD

• If the defendant has obtained the victims consent by fraudulent means, this will not always render the consent invalid.

• Fraud will only invalidate consent if the victim is decieved as to the identity of the defendant or the nature and quality of their acts.

CASE: R v Richardson(1998), R v Tabassum(2000).

• A victim may cosent to assult or battery.
• In Collins and Wilcock (1984) it was stated that people are also taken to consent impliedly to the 'physical contacts of ordinary people'.

EXPECTATIONS

• Certain activities mean the victim will sustain injury beyond assult or battery.
• The defendant may still be able to rely on consent, but provided that the activity is deemed to fall into a category of recognised exceptions.
• These are surgery, tattooing, piercing, sports, horseplay or sexual acts.

Surgery

• These require that a wound be inflicted in order to facillitate an operation, the patient can consent to this level of injury as the surgery is for their benefit.

Tattooing or Piercing

• Adults can consent to tattoos or piercings, this extends to branding.

Sport

• As sports are socially beneficial, participants are able to consent to injuries sustained during the course of a game.

CASE: R v Bilinghurst, R v Barnes (2004)

Horseplay

• The court accept consent as a defence even to serious injury sustained through horseplay. This is is in an area in which the courts do not want to see criminal prosecution.

CASE: R v Jones (1986), R v Aiken (1992)

Sexual Acts

• Any injury through sexual acts is consented to.

CASE: R v Brown and others (1993), R v Wilson (1996), R v Slingsby (1995).

CONSENT EVALUATION AND REFORM

• Irrational distinctions
• The law should not determine limits of personal autonomy.
• Euthanasia