This is the Study Guide used in class with my added notes. This includes a summary of all the different sections of consent, including cases, judgements and explanations.
, Consent
In certain situations, it is possible for a victim to consent to an
act that would otherwise amount to a criminal offence. It is up
to the defendant to raise the defence and then it is for the
prosecution to prove the lack of consent (burden of proof).
It is possible to consent to minor injuries but
consent can NEVER be a defence to serious
injuries (s18 offences) or murder!
Consent is readily available for battery however its availability for s47 and s20
offences under the Offences Against the Person Act 1861 is restricted.
Consent can be a defence to unlawful act manslaughter:
Slingsby (1995)
During sexual activity, D’s signet ring caused internal injuries to V’s vagina.
She suffered from blood poisoning and subsequently died. V had consented
to the full extent of the sexual activity.
The D was not guilty of Unlawful Act Manslaughter as the V’s consent meant
that there had been no unlawful act of battery.
However, consent can NEVER be a defence to murder:
DPP v Pretty (2002)
Mrs Pretty had motor neurone disease and was dying from her illness. She
asked the court to grant an order which would mean that if her husband
helped her to die he would not be prosecuted.
The hofL refused to grant the order and they stated that the husbands
assistance would amount to a criminal act of murder regardless of her
consent as consent can never be a defence to murder.
If an act is criminal, it cannot become lawful just because the victim agreed to it (gave
express consent)
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