Are the courts able to clearly justify their current position on consent as a defence and, therefore, the law’s intervention in this area?

January 22, 2024 Discipline: Law

“Everyone agrees that consent remains a complete defence to a charge of common assault

and nearly everyone agrees that consent of the victim is not a defence to a charge of

inflicting really serious personal injury (or ‘grievous bodily harm’). The disagreement

concerns offences which occasion actual bodily harm…” per Lord Lowry in R v Brown

[1993] UKHL 19

Are the courts able to clearly justify their current position on consent as a defence and,

therefore, the law’s intervention in this area?

Discuss relevant case law and academic literature. Your answer should be written in clear,

proficient academic English.

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