A more recent version of these Consent notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Sometimes unclear if consent forms part of the AR (absence of consent) (R v Brown)or stands alone as a defence - but treated as a defence for purpose of GDL
Two elements: whether the V consented, and whether the D believed the V consented o
It is for the prosecution to prove that the V did not consent and that the D did not believe in his consent R v Donavon
When is consent a defence to an offence against the person?
The general rule:
Consent is only available to assault and battery: AG's Reference (No 6 of 1980): 'it is not in the public interest that people should try to cause or should cause each other actual bodily harm for no good reason': only 'minor struggles'
Rule was confirmed by HL in R v Brown: homosexuals causing injury to each other - defence of consent failed as couldn't be used for anything greater than a battery unless it fell under one of the accepted 'good reasons' such as 'organised sporting contests and games, parental chastisement or reasonable surgery' per Lord Jauncey
R v Meachen: extension of consent to include more serious harm (s 47 ABH) in certain circumstances: o
Consent available where the D intended only to commit a battery with the consent of the victim and did not see the risk of inflicting ABH
If however the D intended to cause ABH, then consent is not available as a defence, even if the V consented
Situation regarding being reckless as to causing ABH with V's consent is still unclear
Buy the full version of these notes or essay plans and more in our GDL Criminal Law Notes.