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Unit 3 Defences: Consent (Exceptions to the rule recognise that-for…
Unit 3 Defences: Consent
Consent can act as a full common law offence to some offences. If the consent f V is genuine (True Consent). If successful can lead to full acquittal.
General Rule
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R v Brown: Group of consenting homosexual D's performed Sado-masochistic acts in private. People needed treatment for wounds of GBH level. Courts held that consent was not a valid defence to that level of harm.
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Exceptions to the rule recognise that-for society to function- there can be a valid social reasons for inflicting injury.
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Rough horse play
R v Jones: Two boys were seriously injured when thrown in the air by older boys, who claimed they thought V's were consenting. consent was held as there was a genuine belief of consent
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Body adornment
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R v Wilson: D branded his wife's bottom with a hot iron. Held as body adornment as it was classed as a tattoo.
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Consent can not be given to death. This applies to euthanasia. you cannot consent to your own death. (R v Pretty)
There needs to be the required mens rea element in the first place: R v Simon-Slingsby: D scratched v with a ring during sex. Both were unware it happened, she died of a blood infection.
Consent can be expressed ( Providing writing and proof of consent) or implied ( understood to be present but not expressed directly)
Consent must be true
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R v Tabassum: V agreed to breast examination and believed D was a doctor but he wasn't. Consent couldn't be used as her consent was for medical purposes nothing else.
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R v Richardson: D was a struck of dentist who still performed services on V. Got consent as the act she was consenting to was still the same despite the fact.
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