Watch the video and then discuss the advice you would offer before comparing your ideas with those suggested.
Suggestions
Consent is often used as a defence to non-fatal offences against the person.
It can never be a defence to murder or serious injury.
There must be true consent - Tabassum (2000)
If the victim submits through fear this does not mean that consent is real – Olugboja (1982).
Defendant must know to what they are consenting.
Implied consent - The Courts will consider that some injuries are impliedly consented to by everyone in society.
- Wilson v Pringle (1987) held that ordinary ‘jostlings’ of everyday life were not battery.
Sports injuries during properly conducted games and sports also falls into this category.
- Barnes (2004) The defendant made a tackle on the victim during an amateur football game. The victim suffered a serious leg injury. The defendant's conviction under s.20 Offences Against the Person Act 1861 was quashed on appeal, the Court of Appeal said that where an injury is caused during a match, then a criminal prosecution should be kept for those situations where the conduct was sufficiently bad to be properly categorised as criminal.
Exceptions - It is now accepted that consent is not a defence to a s 47 offence unless it falls within one of the exceptions listed in AGs Ref (No 6 of 1980) (1981):
AGs Ref (No 6 of 1980) (1981) exceptions :
- Properly conducted games and sports.
- Lawful chastisement or correction.
- Reasonable surgical interference.
- Dangerous exhibitions etc.