Director of Public Prosecutions -v- Brown [2016] IECA 405 (21 December 2016)

Director of Public Prosecutions -v- Brown [2016] IECA 405 (21 December 2016)

Proof of absence of consent is not a necessary element for an offence under s. 3 of the Non Fatal Offences against the Person Act 1997. Consent is not a defence to assault causing harm except in limited circumstances such as legitimate sporting activity or necessary medical treatment. Where the purpose of the...

Source-derived case information.

Citation
[2016] IECA 405
Parties
Respondent: The Director of Public Prosecutions; Appellant: Gerard Brown
Jurisdiction
Ireland
Judgment Date
21 December 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Assault Causing Harm, Consent as a Defence, Non Fatal Offences Against the Person Act 1997, Public Policy in Criminal Law
Criminal Law Assault Causing Harm Consent as a Defence Non Fatal Offences Against the Person Act 1997 Public Policy in Criminal Law

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Parties

The Director of Public Prosecutions

Respondent

Gerard Brown

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether lack of consent is a necessary element for an offence under s. 3 of the Non Fatal Offences against the Person Act 1997
  2. 2 Whether the trial judge erred in refusing to allow the defence of consent to go to the jury
  3. 3 Whether the trial judge erred in refusing to give an accomplice warning

Ratio Decidendi

Proof of absence of consent is not a necessary element for an offence under s. 3 of the Non Fatal Offences against the Person Act 1997. Consent is not a defence to assault causing harm except in limited circumstances such as legitimate sporting activity or necessary medical treatment. Where the purpose of the assault is unlawful or contrary to public policy, consent cannot render the act lawful.

Court Disposition

Appeal dismissed

Orders

  • Conviction affirmed
  • No order as to accomplice warning