Class notes
Consent- criminal defence
- Course
- Institution
Covers defence of consent
[Show more]
Seller
Follow
tompidge28
Content preview
Consent defenceMonday, 12 December 2022 12:02
Burden of proof
Prosecution must prove that the v did no consent to harm
Type of defence
Complete defence- NO charge if successful
What does it mean ?
This is where the v has consented to be injured
Justification
The recognition that we are free to Independently choose out lives In any way we see fit
D must prove there was:
Step one : must be informed consent and that informed consent has to cover;
Step two: The nature and degree of harm caused to the victim
Step 1- informed consent
• Must be aware of what you are consenting to and the V has to be made fully aware of the full
facts in order to make and informed decision.
• Tabassum (2000)- D persuaded women to allow him to measure their breasts for the purpose of
preparing a database for sale to doctors. ONLY consented because though D had medical training.
Not by fraud
• Olugboja (1982)- V had been raped by Ds friend , she submitted to sexual intercourse by D.Not by
fear
• Dicta (2004)- D knew he was HIV+ and he had sex with 2 women. They both became infected.They
did not know of his HIV and said wold not had agreed to unprotected sex if they knew. NOT by
lack of knowledge
Step 2- Nature and degree of harm
• Everyday situations there is implied consent to minor touching
• Wilson v Pringle (1987)- Everyday jostling of everyday life not battery
• Minor harm (Assault + battery )- Courts will look at the nature and degree of harm.what is
accepted is usually very minor, unless activity is one which falls under the public policy exceptions
.
• R V Brown (1993)- A group of sadomasochistic homosexuals engaged in consensual sexual activity
such as whipping, branding , applying stinging nettles and inserting sharp objects into genitals.
This took place in private with consent of all people involved .Police saw a video of the men and
they were charged with S47 +20.
• Serious injury(S47,S20,S18)-Consent can be used if activity falls under public policy exceptions.
• Sport- Consent can be used as a defence during sports or games provided the player are acting
within the rules of the game
.
• R V Barney’s (2004)- D injured leg of another player during the match, even though the tackle was
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller tompidge28. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.83. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now