Consent issues surrounding the sexual transmission of diseases will not be examined in this
module. Only the content that is related to what is covered in this hand-out is examinable.
Basic Reading
Herring, Chapter 6 and another textbook on consent and non-fatal offences
Brown [1994] 1 AC 212
Further reading
J. Anderson, ‘No Licence for Thuggery: Violence, sport and the criminal law’[2008] Crim LR.
751
B. Bix, ‘Assault, Sado-Masochism and Consent’ (1993) 109 Law Quarterly Review 540
S. Cowan, ‘To Buy or Not to Buy? Vulnerability and the Criminalisation of Commercial BDSM’ 20
Feminist Legal Studies 263.
M. Giles, ‘R v Brown: Consensual Harm and the Public Interest’ (1994) 57 MLR 101
M. Gunn and D. Ormerod, ‘The Legality of Boxing’ (1995) 15 Legal Studies 181
Law Com. No. 139, Consent in the Criminal Law (1995)
B. Livings, ‘Legitimate Sport or Criminal Assault? What are the Roles of the Rules and the
Rulemakers in Determining Criminal Liability for Violence on the Sports Field?’ (2006) 70
Journal of Criminal Law 495.
B. Livings, 'A Different Ball Game - Why the Nature of Consent in Contact Sports Undermines a
Unitary Approach' (2007) 71 Journal of Criminal Law 534
M. Madden Dempsey, ‘Victimless Conduct and the Volenti Maxim: How Consent Works’ (2013)
7 Criminal Law and Philosophy 11.
J. Tolmie ‘Consent to Harmful Assaults: The Case for Moving Away from Category Based
Decision Making’ [2012] Criminal Law Review 656.
Can D be guilty of a non-fatal offence against a person if the V consents to the force being
used against him/her? Should D be guilty of any offence?
Respect for Individual Autonomy v Public Policy and Social Welfare
1
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