Week 13: Consent to Harm

Key Cases: A-G’s Reference (No 6 of 1980) [1981] 2 All ER 1057; R v Brown [1993] 2 All
ER 75, BM [2018] EWCA Crim 560; R v Wilson [1996] Crim LR 573; Aitken [1992] 1 WLR
1006; Konzani [2005] EWCA Crim 76

Presentation: BM [2018] EWCA Crim 560

Questions
1. What is the general legal principle on consenting to harm stated in A-G’s Reference (No
6 of 1980) [1981]?

2. Come prepared to share your thoughts on the assigned excerpt from Lois Bibbings’
chapter in light the law’s approach to non-fatal offences against the person and consent
to harm.

3. Why was BM [2018] not acquitted, given that the activities in question were done for
body adornment purposes? Evaluate the court’s reasoning in light of theories of
criminalisation and their limitations.

4. Do you think BM demonstrates anything problematic about the clarity of the law in
this area?

5. Read R v Brown [1993] and watch “Lasting Marks”. What did you learn or experience
with the video that you didn’t with the case? Do you think this is relevant to your legal
education? What does this tell you about criminal law and its sources?

6. Assess the legality of the following acts:

a. A tennis player who out of anger throws their racket at their opponent, causing a
sprained wrist.
b. A teenager who sneaks up and pushes his friend, with whom he often plays rough,
off a first-floor balcony, causing a broken arm.

c. A doctor amputating a fully healthy leg due to the amputee’s deep

psychological belief that their body should only have one leg.

d. Reshaping a customer’s ears to look more like those of an elf, done for aesthetic
purposes at a tattoo parlour by cutting out a section of the cartilage and
stitching the ears to a point.