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CONSENT Cheat Sheet (DRAFT) by

Criminal Law Semester Two

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Introd­uction to Consent

In theory, indivi­duals can waive certain rights because we <3 autonomy and freedom! So we can techni­cally consent to injury AND the wrongdoer might not be liable (DELICT ONLY)
volenti non fit injuria - an injury is not done to one who consents. Again, applies to delict only.
In Crim, a crime is committed against the whole community so a victim may not waive their right as there is a greater public interest.
Thus, victim cannot make an unlawful act suddenly lawful just by consen­ting, as we have to consider public policy.
General rule: a victim's consent will not excuse the conduct of the wrongdoer!
NB to note: Sometimes the victim's consent may be consid­ered. The weight of this consent is determined by the court. The will compare individual autonomy vs consent should never be a defense against harm. Depends on the crime tho.

REQUIR­EMENT #1

Consent must be recognized by law as a possible defence.
...so is the crime in question one which recognises consent as defence?
CRIMES YOU CANNOT CONSENT TO:
like you cannot consent to crimes that harm the State in any way :/
e.g perjury, treason
Crimes against community interests
e.g domestic violence, women/­chi­ldren abuse, slavery
Crimes against the individual
e.g murder
CONSENT CAN BE USED AS A DEFENCE:
When LACK OF CONSENT is part of the defini­tional element of a crime, then the victim's consent is obvs important because it provides a DEFENCE.
e.g rape
"the unlawful, intent­ional sexual penetr­ation of another without consen­t"
 
e.g theft
"­Unl­awful approp­riation of a thing capable of being stolen with the intention of perman­ently depriving the owner of owners­hip­"
   
"If the owner consents to the thing being taken or used then there is not theft"
When there is an individual interest at the disposal of the victim, and they consent.
e.g malicious damage to property
Can consent to have property damaged as long as you have the ownership of the property