CONSENT (defence)

CONSENT: the D pleads a defence by stating the victim consented to the act, R V Olugbuja; mere submission is NOT enough to amount to consent. 

CIGI PRINCIPLES:

• CAPACITY , INFORMED, GENIUNE , IMPLIED 

1. capacity to consent: Gillick; V must have suffiecent maturity, intelligence and understanding of the nature and consquences of what they are consenting to

2. consent must be informed: R V Dica; this means V must know of all the risks/ possible consquences from D's act - a person consenting to sex was not consenting to exposure to risk injury/ infection (of which she was unaware).

3. consent must be geniune: R V Tabassum; consent must be geniune (meaning true/real), this means that V must be consenting to what D is actually doing

4. implied consent: Wilson V Pringle; ' ordinary jostlings of everyday life'…