Need help with my writing homework on Public Policy and the Judicial Approach to Consent as a Defence in Criminal Law. Write a 1750 word paper answering;

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Need help with my writing homework on Public Policy and the Judicial Approach to Consent as a Defence in Criminal Law. Write a 1750 word paper answering; The focus of this paper is to critically evaluate the extent to which public policy has informed the judicial approach to consent as a defence in criminal law.

It is submitted at the outset that at the centre of the consent defence debate is the parameters of what a plaintiff can consent to, and the “answer to this question involves giving consideration to what is deemed to be in the public interest4”. For example, in the AG’s Reference (No 6 of 1980) case5 it was held that public interest would shape the extent to which consent could constitute a defence to criminal liability for bodily harm.

Moreover, the earlier cases addressing consent appeared to hinge on whether or not the act itself was unlawful, which intrinsically limited any scope for consent as a defence to bodily harm. For example, in the early case of Coney6, the consent of the prizefighters was deemed irrelevant as the fight itself was illegal7. Additionally, in the case of R v Donovan8, the defendant had caned a girl for sexual gratification at her request, however, consent was deemed to be irrelevant as the act itself was unlawful. Moreover, Swift J in the Donovan case defined bodily harm to include the following:

Nevertheless, the court in Donovan did acknowledge that there were exceptions to the general presumption against consent as a defence to bodily harm and the case law demonstrates the emergence of three central categories in this area. The first category is related to a lawful sporting activity where the participants are bound by rules and regulations. The approach to consent is lawful and regulated sporting activity has remained consistent in the judicial approach and was reflected by the views of the Law Commission in the consultation paper “Criminal law: Consent in the Criminal Law10, which extrapolated that participating in an activity that is widely regarded as beneficial should not be&nbsp.regarded as being against a person’s interests. The state must be satisfied that the risks involved are properly controllable and ascertainable.

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