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Tags
#crime #defences #law
Question
When is Consent a Defence to an Offence Against the Person?
The general rule is that consent is only available as a defence to assault and battery. This was set out in the case of AG's Reference (No 6 of 1980) [1981] QB 715, in which two boys decided to settle an argument by a fight and one sustained a bleeding nose and bruises. It was held that the other was guilty under the [ statute ], assault occasioning actual bodily harm (ABH).

'... 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. Minor struggles are another matter. So, in our judgment, it is immaterial whether the act occurs in public or private ... this means that most fights will be unlawful regardless of consent.' (Per Lord Lane CJ.)

Answer
Offences Against the Person Act 1861 (OAPA 1861), s 47

Tags
#crime #defences #law
Question
When is Consent a Defence to an Offence Against the Person?
The general rule is that consent is only available as a defence to assault and battery. This was set out in the case of AG's Reference (No 6 of 1980) [1981] QB 715, in which two boys decided to settle an argument by a fight and one sustained a bleeding nose and bruises. It was held that the other was guilty under the [ statute ], assault occasioning actual bodily harm (ABH).

'... 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. Minor struggles are another matter. So, in our judgment, it is immaterial whether the act occurs in public or private ... this means that most fights will be unlawful regardless of consent.' (Per Lord Lane CJ.)

Answer
?

Tags
#crime #defences #law
Question
When is Consent a Defence to an Offence Against the Person?
The general rule is that consent is only available as a defence to assault and battery. This was set out in the case of AG's Reference (No 6 of 1980) [1981] QB 715, in which two boys decided to settle an argument by a fight and one sustained a bleeding nose and bruises. It was held that the other was guilty under the [ statute ], assault occasioning actual bodily harm (ABH).

'... 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. Minor struggles are another matter. So, in our judgment, it is immaterial whether the act occurs in public or private ... this means that most fights will be unlawful regardless of consent.' (Per Lord Lane CJ.)

Answer
Offences Against the Person Act 1861 (OAPA 1861), s 47
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nd battery. This was set out in the case of AG's Reference (No 6 of 1980) [1981] QB 715, in which two boys decided to settle an argument by a fight and one sustained a bleeding nose and bruises. It was held that the other was guilty under the <span>Offences Against the Person Act 1861 (OAPA 1861), s 47, assault occasioning actual bodily harm (ABH). '... it is not in the public interest that people should try to cause or should cause each other actual bodily harm for no go

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