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Can consent ever be used as a defence to a charge of assault? (Causing a non-fatal injury)

Michalaki, Pitsillidou Law Firm > English Articles  > Can consent ever be used as a defence to a charge of assault? (Causing a non-fatal injury)

Can consent ever be used as a defence to a charge of assault? (Causing a non-fatal injury)

Can consent ever be used as a defence to a charge of assault? (Causing a non-fatal injury)

Without any doubt, consent can be used as a defence of an assault to all non-fatal injuries against the person, nonetheless it cannot be applied to all crimes.

To begin with, it is not a defence to an offence of a serious bodily harm or a murder. Indeed, consent can be easily defended to the facts involving tattooing, surgeries, any sports or any non-violent sexual relations, but not on a case of serious wounding or murder. Furthermore, a consent can be a defence to an assault or a battery. This is evident in the case of R V Wilson, 1996, who with the consent of his wife he branded two capital letters on her hand. He did not appeal as guilty as he did not commit any offence against her. Due to the fact that there was a consent between the two of them, the whole situation resulted to a quashed of conviction.

Additionally, there is no offence to a consent of ‘Actual Bodily Harm’, ‘Grievous Bodily Harm’ or wounding, as there is an agreement in both sides in order to commit their actions against each other. Due to the case example of A-G of (E-lawresources.co.uk, 1980), two boys argued and they ended up fighting, which they both consented about. Consequently, this ended up with both boys having bruising to the face and a bleeding nose. According to the law, there was not any offence of this wounding as there was a consent and there were not any compelling reasons for creating criminal liability.

On the contrary, there are some examples of consent resulting to an offence. Usually this might be a wounding with consent, which ended up to a more serious bodily harm situation. A strong case example of wounding with consent is the R. v Brown, 1993. There was a consent, of sexual torture and various homosexual sadomasochistic actions between a group of five people against each other for their own sexual pleasure. Therefore, the appellants caused more various injuries to one of them and so the rest of them have been proven guilty and were sentenced to terms of imprisonment, as they accused for a gross bodily harm or unlawful wounding against the victim.  This ended up having serious injuries on his body. So, the court did not accept any defences to their charges. To sum up, consent can be used as a defence of an assault, therefore, it depends on how serious the injury is.

 

 

For more information and guidance please email Michalaki, Pitsillidou & Co LLC – iMPK Global Business Law Firm – Cyprus Lawyers, at info@impklawyers.com or visit our website at www.impklawyers.com  Tel. +357 25660092 – Fax +357 25 660097.

 

 

 

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