Consent-defence

what is the definition of consent?

Where the D argues that the V gave either express or implied agreement to what otherwise would be a fatal or non fatal offence.

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where is this defence allowed?

assault, battery

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where isnt the defence allowed?

murder, manslaughter, gbh 18/20, abh

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what happened in brown?

consenting homosexuals who performed sado-masochistic acts in private. B was charged with ABH for committing violent acts eventhough the V’s consented and there were no injuries.

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what was held?

Violent acts injuring other for no good reason are not in the public interest so the defence of consent is not available.

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what was held in Barnes?

Even conduct outside of the rules of the game may not be criminal. An instinctive error, reaction or misjudgement in the heat of a game was not to be equated with criminal activity. The actions must be sufficiently grave to be considered criminal.

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what happened in wilson?

W branded his initials, at the wife’s behest, on her buttock.

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what was held in this case?

Where the branding is similar to tattooing and cosmetic enhancement rather than infliction of pain for sexual gratification the defence of consent can be allowed.

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what was held in the case of Jones?

The defence of consent can be allowed if the D is indulging in ‘rough' and undisciplined sport or play, not intending to cause harm, and genuinely believing that the injuries which occurred in the course of the horseplay occurred with Vs consent

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what was held in Dica?

Where the D does not inform the V of the risk of a sexually transmitted disease before sex the defence of consent is not available.

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what was held in burrell v harmer?

The defence of consent is not allowed where the D is deemed, regardless of age, unable to understand the pain involved in the act they were involved in

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what was held in tabassum?

Where consent has been given due to a fraud committed by the D then then the defence of consent will not be successful

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what was held in Aitkin and others?

If the D’s mistakenly but genuinely believe the V is consenting to the horseplay the defence of consent is allowed.

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Consent-defence

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