Defence of Consent
Defence of Automatism
Defence of Duress
Non-Fatal Offences
Attempts
Actus Reus
Theft
Robbery
Burglary
Murder
Omission
- Presentation
- Case List
- Exam Tip
- Exam Past Questions
Defence of Automatism
Defence of Duress
Non-Fatal Offences
Attempts
Actus Reus
Theft
Robbery
Burglary
Murder
Omission
Defence of Consent
The defence of consent might prevent the defendant from incurring liability for what was done if he can prove that the victim had given him a consent in the first place.
Try to be clear on they key elements of the defence.
In section A - Your knowledge is very important and best to apply it together with AO2 analysis on the strengths and weakness of consent, its limits and reform proposal.
In section B - Best if you could practice applying the defence to scenario of non-fatal offences as they are the most common ones.
In section A - Your knowledge is very important and best to apply it together with AO2 analysis on the strengths and weakness of consent, its limits and reform proposal.
In section B - Best if you could practice applying the defence to scenario of non-fatal offences as they are the most common ones.
January 2008 - Section A - 'The law on consent as defence to offences agains the person recognises that the causing of deliberate harm may sometimes be justified.'
Consider the truth of this statement.
June 2008 - Section B - Sanjit, while playing a football match, tackles Aaron fairly although Aaron's shin is bruised in the challenge. Seconds later Aaron deliberately head buts Sanjit and knocks him unconscious for a minute. The referee sends Aaron off and Sanjit has to leave the pitch for treatment and is replaced by substitute. In the changing room, Sanjit, now fully recovered, decides to get his own back on Aaron. Aaron comes through doorway and sees what is happening. He tries to stop Sanjit who pushes Aaron to the floor. Sanjit then runs off with the jacket.
Discuss the potential criminal liability of Aaron and Sanjit for the above incidents.
January 2009 - Section B - Rio plays for Newtown Athletic football team. He has an important match against a local team. Soon after the kick-off, Rio, while jumping to head the ball, is involved in a clash of heads with an opposing player, Didier, causing a welling to Didier's cheek. Rio, himself, receives a nastily blow to his head and appears to be concussed and dizzy. Rio insists on continuing after treatment but is still in a dazed condition. A few minutes later, Rio jumps widely into a late tackle on Didier. Didier is carried off and x-rays later reveals that he has a broken leg. The referee, Ellery, raises a red card to send Rio off the pitch. Rio is furious and punches Ellery in the face causing a cut on Ellery's eyebrow.
Discuss Rio's potential criminal liability for the above incidents together with any defence which may be available to him.
January 2010 - Section B - Sarah is walking home when Colin runs towards her waving a knife. Sarah screams. Colin grabs Sarah’s coat and then punches her in the face which breaks her nose and causes her to fall to the ground. Gregory, a passer-by, runs to help Sarah. Colin lunges wildly at Gregory with the knife and slashes Gregory’s hand, causing severe bleeding. Colin takes aim and kicks Sarah in the stomach, causing serious internal injuries. Colin runs off. Sarah and Gregory are taken to hospital. Nicola, who is wearing a white coat, tells Gregory he needs stitches. Gregory agrees and Nicola is stitching his hand when Doctor Crowley comes into the room and says to Nicola, “Stop, you’re only a student!” Discuss the potential criminal liability of both Colin and Nicola, including any relevant defences.
June 2011 - Section B - The defence of consent struggles to balance the needs of the individual with the constraints necessary in a modern society.’ Discuss this view of the defence of consent.
Consider the truth of this statement.
June 2008 - Section B - Sanjit, while playing a football match, tackles Aaron fairly although Aaron's shin is bruised in the challenge. Seconds later Aaron deliberately head buts Sanjit and knocks him unconscious for a minute. The referee sends Aaron off and Sanjit has to leave the pitch for treatment and is replaced by substitute. In the changing room, Sanjit, now fully recovered, decides to get his own back on Aaron. Aaron comes through doorway and sees what is happening. He tries to stop Sanjit who pushes Aaron to the floor. Sanjit then runs off with the jacket.
Discuss the potential criminal liability of Aaron and Sanjit for the above incidents.
January 2009 - Section B - Rio plays for Newtown Athletic football team. He has an important match against a local team. Soon after the kick-off, Rio, while jumping to head the ball, is involved in a clash of heads with an opposing player, Didier, causing a welling to Didier's cheek. Rio, himself, receives a nastily blow to his head and appears to be concussed and dizzy. Rio insists on continuing after treatment but is still in a dazed condition. A few minutes later, Rio jumps widely into a late tackle on Didier. Didier is carried off and x-rays later reveals that he has a broken leg. The referee, Ellery, raises a red card to send Rio off the pitch. Rio is furious and punches Ellery in the face causing a cut on Ellery's eyebrow.
Discuss Rio's potential criminal liability for the above incidents together with any defence which may be available to him.
January 2010 - Section B - Sarah is walking home when Colin runs towards her waving a knife. Sarah screams. Colin grabs Sarah’s coat and then punches her in the face which breaks her nose and causes her to fall to the ground. Gregory, a passer-by, runs to help Sarah. Colin lunges wildly at Gregory with the knife and slashes Gregory’s hand, causing severe bleeding. Colin takes aim and kicks Sarah in the stomach, causing serious internal injuries. Colin runs off. Sarah and Gregory are taken to hospital. Nicola, who is wearing a white coat, tells Gregory he needs stitches. Gregory agrees and Nicola is stitching his hand when Doctor Crowley comes into the room and says to Nicola, “Stop, you’re only a student!” Discuss the potential criminal liability of both Colin and Nicola, including any relevant defences.
June 2011 - Section B - The defence of consent struggles to balance the needs of the individual with the constraints necessary in a modern society.’ Discuss this view of the defence of consent.
Defence of Consent - Content
Introduction
Consent is a general defence which is available for all types of offences; however it is mainly used for non fatal offences such as assault or battery.
The defence cannot be used for murder offences and euthanasia. The reason why the defence isn't available for euthanasia is due to the fact that euthanasia is considered to be murder under English Law.
The defence cannot be used for murder offences and euthanasia. The reason why the defence isn't available for euthanasia is due to the fact that euthanasia is considered to be murder under English Law.
About Consent
An individual person can refuse to give consent to their own medical treatment as well as injury with certain limitations. This is because the law regards it's citizens as being independent individuals who are free to decide what they want to do. However individuals must fully understand to what they are consenting to. The defence of consent can be difficult in cases which involve children's or people with mental disabilities as they may not be fully aware to what they're consenting to. Case Example - Burrell v Hammer 1967.
The scope of consent
As a member of the public, we unknowingly give consent to assault or battery in situations like jostling in the street or other crowded places.
Contact Sports
Professional contact sports are an exception as the players consent to a certain degree of injury within the rules of the game, Sports include: rugby, football, boxing... Case Example - R v Billinghurst 1978
Horseplay
Horseplay is also an exception. Any physical contact in a school playground or places similar might involve a mutual risk of potential harm which is consented to. The problem with horseplay is that it might turn into bullying, but this may be difficult to discover if the risk of potential harm is consented too anyway.
Tattooing and Branding
Consent is only valid if the victim consented to the action and the outcome, Case Example - R v Wilson 1997
Sexual Activity
Accidental injury inflicted during sexual activity between two consenting adults is not classed as assault; even if one of the parties dies, Case Example - R v Slingsby 1995 and Case Example - Emmett 1999.
The courts do not accept the defence where injury has been caused by sado-masochism. Case Example - R v Brown 1994
The courts do not accept the defence where injury has been caused by sado-masochism. Case Example - R v Brown 1994
Points about consent
Consent is important as without it, contact sports would be illegal. Cases involving contact sports can be kept out of court if the injuries come within those allowed in the rules of the game. The law on consent is not very consistent and can be unfair. The defence can be refused for some sexual offences, such as in Emmett and Brown, but is allowed for horseplay which could lead into potential bullying. There are many arguments surrounding euthanasia. Many people believe that the law should be reformed as it isn’t fair.