Is this a good outline of the defence of consent? Watch

emufeet
Badges: 3
Rep:
?
#1
Report Thread starter 1 year ago
#1
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.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

University open days

  • Bournemouth University
    Midwifery Open Day at Portsmouth Campus Undergraduate
    Wed, 16 Oct '19
  • Teesside University
    All faculties open Undergraduate
    Wed, 16 Oct '19
  • University of the Arts London
    London College of Fashion – Cordwainers Footwear and Bags & Accessories Undergraduate
    Wed, 16 Oct '19

How has the start of this academic year been for you?

Loving it - gonna be a great year (130)
18.21%
It's just nice to be back! (194)
27.17%
Not great so far... (256)
35.85%
I want to drop out! (134)
18.77%

Watched Threads

View All