Law 03 Defences Consent


Cases for V has acquiesced to being touched?

Slingsby - Where vigorous sexual activity led to blood posioning and a charge of UAM. However the V had consented to the potential battery therefore was not UAM. 

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Cases for consent must be real

Tabassum - There was no real consent after D clamied he was creating a breast data base. The V's only consented as they believed D was a Doctor 

Dica - HIV postive man argued that there had been consent from 2 women to have sex. The Court of Appeal said there needed to be consent to the harm, not just the sex, thus the defence failed. Further cases used this: Konzani 

Olugboja - Submission during **** is not real consent 

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Cases for implied consent

A-G's Ref(No6 of 1980) - Sets out that games and sports, lawful correction, resonable surgical interference as times as consent implied 

Billingshurst - Shows a succesful defence in rugby games, despite D acting beyond the rules 

Barnes - GBH conviction being quashed as the conduct was not considered suffciently criminal 

Jones - Example of rough hourseplay which resulted in serious injury, the defence was allowed 

Aitken - Implied consent where a RAF officer was set on fire 

Burrell and Harmer - Age is of relevance, the children consented to th etattoos but they were underage and thus unable to consent 

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When can consent fail

Brown - The level of injury applies, this is where seriousness of th einjury will affect whether or not consent is successful 

A-G's Ref (No.6 of 1980) - Public policy applies where the Court of Appeal held people should not harm eachother for no reason 

Pretty - Consent is never a defence for murder where voluntray euthanasia is still a criminal act 

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