Consent

GENERAL RULE:

-V CAN CONSENT TO ASSAULTS WHERE THERE IS NO INJURY OR VERY MINOR INJURY (LESS THAN ABH LEVEL INJURY) UNLESS THERE IS A PUBLIC POLICY EXCEPTION (BROWN)

PUBLIC POLICY EXCEPTIONS:

-PROPERLY CONDUCTED SPORT (BARNES)

-NORMAL PHYSICAL CONTACT 

-MEDICAL PROCEDURES

-BODY ADORNMENT (WILSON - BRANDING WAS BODY ADORNMENT)

-ROUGH HORSEPLAY (JONES/AITKEN - GENUINE MISTAKEN BELIEF IN CONSENT)

-SEXUAL CONTACT (DICA)

-DANGEROUS EXHIBITIONS,

-PARENTAL CHASTISEMENT

CONSENT CANNOT BE GIVEN TO INJURY OR DEATH (LEACH)

-THEREFORE ASSISTED SUICIDE IS A CRIMINAL OFFENCE (PRETTY) AND EUTHANASIA REQUIRES THE CONSENT OF A COURT (AIREDALE NHS TRUST V BLAND)

CONSENT CAN BE IMPLIED OR EXPRESSED. V MUST GENUINELY CONSENT TO NATURE OF THE ACT (TRUE CONSENT) 

(TABASSUM - V DECIEVED AS TO THE IDENTITY OF D AND THE NATURE OF THE ACT, CONSENT FOR A PARTICULAR PURPOSE) (RICHARSON - V CONSENTED TO NATURE OF ACT)

V MUST BE LEGALLY CAPABLE OF GIVING CONSENT, CAPACITY INEFFECTIVE BY YOUNG AGE, MENTAL CAPACITY OR ABILITY TO APPRECIATE CONSEQUENCES (BURRELL V HARMER)

MINOR MUST BE GILLICK COMPETENT TO CONSENT AND MUST FULLY UNDERSTAND THE MEDICAL TREATMENT PROPOSED