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Explain how and why courts have restricted the availability of the defence of consent to
non-fatal offences against the person.

Consent is to allow the application of force and may be a defence to battery and other offences
against the person. Consent is not strictly a defence as when the…

Page 2

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defendants were consenting adults, would not be within the excluded situations because, as Lord
Templeman said, "society is entitled and bound to protect itself against a cult of violence". In one
respect you could argue that this decision was in order to protect the public, but the facts of the…

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NB. Other areas where consent is allowed but not regarding non-fatal offences against the person:

There are specific problems for offences under the Sexual Offences Act 2003 as the defence of
consent is not always available. One such offence is s5 of the Act which covers the offence of rape…


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