Consent Eassay GRDE B

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Analyse the avaleabillity of consnt as a defence to criminal liabillity . (25)

Consent often involves balancing the freedom of the individual against considerations of public police as interpreted by the courts. It therefore tends to attract a good deal of debat e. The defence of consent is not really a defence but is a justification as in Donovan (1934) D caned a 17-year-old girl for sexual gratification. This caused bruising and he was convicted for indecent assault and a common assault. D appealed on the basis that V had consented to the contact, his conviction was quashed . For consebt to be used it must be real consent as Submission is not the same as consent an example of this is Olugboja (1982) V had already been ***** by D’s companion – and seen her friend ***** by the same man. When D tried to have sex with her, she submitted. D claimed this submission was consent. There is a difference between consent and submission. It is for the jury to decide if the consent is real. consent also must be obtained through non fraudulent means as in

Tabassum (2000) were Three women allowed D to touch theirs breasts for the purpose of preparing a database in relation to breast cancer. They thought that D was a medically qualified or trained and, because of this they consented to


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