Is this a good outline of the defence of consent?

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emufeet
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Report Thread starter 2 years ago
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So this is my basic outline for writing a defence of consent. Please let me know if anything is completely wrong or anything needs amended anywhere. Cheers.

Consent must be:
• True and genuine (R v Tabassum)
• Victim must capable of understanding the true nature of the Act (Burrell v Harmer)
• If consent is not informed, is not true and genuine (R v Konzani)
Consent is always available for:
• Assault
• Battery
Consent is not available for bodily harm offences (ABH/GBH) unless one of the public policy exceptions applies:
• Horseplay
o Consent is available where D engages in ‘rough and undisciplined horseplay’ (R v Jones)
o But not where harm is intended (AG ref no.6)
• Properly conducted sports
o Consent may be used where the breach of rules is not deemed serious (R v Barnes)
• Surgery
• Tattoos/body adornment
o D can consent to body piercings/ tattoos etc (DPP v Wilson)

If D genuinely but mistakenly believes that D has consented then there can be a defence (I don’t have a case for this sadly )

Consent can never be a defence to murder.
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