Consent: A defence

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Consent

A complete defence, expels all liability.

There is a limit to the amount of injury a person can consent to. It was ruled in the case of Pretty v UK, for example that one cannot consent to their own death without prosecution of the defendant who carries out the killing. 

Normal, everyday battery can be consented to without a problem. However, the  Attorney General’s ref no 6 of 1980 says ‘It is not in the public’s best interest for people to inflict actual bodily harm on each other for no good reason. Thus, this defence will succeed only if there is a suitable exception which allows for a non-fatal offence to be consented to.

Exceptions: BWBLSLSBBHAJ

Body adornment:    BWB

Wilson: Judge ruled it wasn’t in the courts interest what happened with a man and his wife behind closed doors. The branding was considered body adornment.

Brown: Sadism and purposefully inflicting injury to each other was not considered body adornment and thus could not…

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