The subsequent Court of Appeal case of R v Meachen [2006] EWCA Crim 2414 has extended the use of consent to include the OAPA 1861, s 47 in certain circumstances. Consent is available as a defence, even where actual bodily harm or worse is caused provided [...]. If however, the defendant intended to cause actual bodily harm, then consent is not available as a defence, even if the victim consented (unless the conduct falls into one of the exceptions below). The situation regarding being reckless as to causing actual bodily harm with the victim's consent is unclear and is still the subject of academic debate (see Figure 7.3).
Answer
the defendant intended only to commit a battery with the consent of the victim, and did not see the risk of inflicting actual bodily harm
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#crime #defences #law
Question
The subsequent Court of Appeal case of R v Meachen [2006] EWCA Crim 2414 has extended the use of consent to include the OAPA 1861, s 47 in certain circumstances. Consent is available as a defence, even where actual bodily harm or worse is caused provided [...]. If however, the defendant intended to cause actual bodily harm, then consent is not available as a defence, even if the victim consented (unless the conduct falls into one of the exceptions below). The situation regarding being reckless as to causing actual bodily harm with the victim's consent is unclear and is still the subject of academic debate (see Figure 7.3).
Answer
?
Tags
#crime #defences #law
Question
The subsequent Court of Appeal case of R v Meachen [2006] EWCA Crim 2414 has extended the use of consent to include the OAPA 1861, s 47 in certain circumstances. Consent is available as a defence, even where actual bodily harm or worse is caused provided [...]. If however, the defendant intended to cause actual bodily harm, then consent is not available as a defence, even if the victim consented (unless the conduct falls into one of the exceptions below). The situation regarding being reckless as to causing actual bodily harm with the victim's consent is unclear and is still the subject of academic debate (see Figure 7.3).
Answer
the defendant intended only to commit a battery with the consent of the victim, and did not see the risk of inflicting actual bodily harm
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Open it urt of Appeal case of R v Meachen [2006] EWCA Crim 2414 has extended the use of consent to include the OAPA 1861, s 47 in certain circumstances. Consent is available as a defence, even where actual bodily harm or worse is caused provided <span>the defendant intended only to commit a battery with the consent of the victim, and did not see the risk of inflicting actual bodily harm. If however, the defendant intended to cause actual bodily harm, then consent is not available as a defence, even if the victim consented (unless the conduct falls into one of the exc
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