Consent in matters of Larceny

If you have been charged with larceny by taking property belonging to someone else but had permission of the owner to take the property then you may use consent as a defence. You will need to prove to the court that the owner of the property consented for you to take their property.

However, this does not mean that if you find something then you may keep it, because the owner has not permitted you to take possession of their property. An example of this is if you find a mobile phone and nobody is around so you decide to pick it up and keep it as opposed to attempting to return it to its rightful owner, lost property (if available) or nearest police station then you will be charged with larceny.

In court the prosecution will need to prove that consent was not given, and they may prove this through evidence and statements they have obtained from the owner of the property.

Consent in Matters of Sexual Offences

Section 61I of the Crimes Act 1900 states that it is a serious offence to have sexual intercourse with another person without their consent.

In matters of sexual assault offences, the prosecution will be required to prove that consent was not given. Consent is determined by referring to the defendant’s actual state of mind at the time the sexual conduct occurred.

In matters of sexual assault, the defendant may have held a genuine belief that the sex was consensual based on the actions of the complainant.

Consent in matters of Assault

This defence applies to sports and medical treatments. In sport, you cannot be found guilty of assault if you are playing the sport by the rules. Players of a sport can only consent to injury and assault within the rules. For example, a player of football consents to contact in this game in order for the sports to be played. Therefore, tackling another player within the rules will not be deemed an assault. However, if the contact is not necessary, violent, or excessive then that will be deemed assault.

In medical treatments, if the patient has consented to the medical treatment or surgery then that must only be performed within the limits of that consent. If the medical treatment is performed outside the scope of the patients consent then it may be deemed an assault, as the patient did not give consent for surgery or treatment that falls outside the scope of their consent.