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Consent
Introduction

Consent often involves balancing the freedom of the individual against considerations of public police as interpreted
by the courts. It therefore tends to attract a good deal of debate.


General Principles

Consent is (depending on the circumstances) a defence to:

1. Non-Fatal Offences Against the Person.
2. Sexual…

Page 2

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Richardson (1998)
A dentist did not tell her patients that she had been struck off and did such bad dentistry that it amounted
to ABH. Although the patients would not have consented to treatment if they had known she had been
struck off the list for incompetence.
D was found…

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Brown (& Others)
HL upheld convictions for ABH and wounding for acts done in private between a group of consenting male
sadomasochists.
Consent could not be used on a charge of assault.


Why do we Need a Defence of Consent?

Consent is usually a defence in the following situations:

1.…

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Donovan (1934)
D caned a 17-year-old girl for sexual gratification. This caused bruising and he was convicted for indecent
assault and a common assault. D appealed on the basis that V had consented to the contact. CA quashed.
In general consent is not available as a defence where ABH is…

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