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General Defences

Consent as a defence

  • 3 things to know
  • Component 1

Overview

Recall questions on real consent and consent obtained by fraud, the rule that consent is no defence to actual bodily harm, the exceptions for sport, surgery, tattooing and horseplay, implied consent, and consent to death.

What you need to know

Answer each one before you reveal it.

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Key term

To what level of harm is consent generally not a defence?

Key term

What is implied consent and when does it apply?

Key term

What is the defence of consent?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the defence of consent?

    Model answer

    A defence where the victim agreed to the conduct that would otherwise constitute an offence.

  2. 2

    What does it mean for consent to be 'real'?

    Model answer

    It must be given freely and voluntarily without fraud, mistake, or duress.

  3. 3

    When is consent invalidated by fraud?

    Model answer

    When the fraud relates to the nature of the act or the identity of the person.

  4. 4

    To what level of harm is consent generally not a defence?

    Model answer

    Consent is generally not a defence to offences causing actual bodily harm or more serious injury.

  5. 5

    Name one exception where consent can be a defence to actual bodily harm.

    Model answer

    Properly conducted sports.

  6. 6

    Name an exception involving medical treatment where consent can be a defence to actual bodily harm.

    Model answer

    Reasonable surgical interference.

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