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Can you consent to assault in NSW?

The general rule is that you cannot consent to an assault for ‘no good reason’ or if the injuries sustained are serious. This means that it is generally not...

Justin Wong

The general rule is that you cannot consent to an assault for ‘no good reason’ or if the injuries sustained are serious. This means that it is generally not a defence to say that someone consented to an assault.

Although what is considered a serious injury is somewhat discretionary, the courts have generally considered that ‘serious’ injuries may range from bruising to more severe skin abrasions or broken bones.

Any charge of assault is serious and may carry a maximum sentence of imprisonment. For more information about assault charges, please see our below pages:

1. Common Assault;
2. Assault Occasioning Actual Bodily Harm; and
3. Wounding or Grievous Bodily Harm.

Streeton Lawyers has extensive experience in a range of assault matters, click below to read some of our case studies:

Common Assault Case Study
Assault Occasioning Actual Bodily Harm Case Study

What is considered a ‘good reason’?

An exception to the general rule, that you cannot consent to assault, is if there is a ‘good reason’. This has been derived from the English R v Brown [1992] 2 WLR 441 decision, which has been cited extensively in Australia.

There is no explicit definition on what a court would consider a good reason, however over the years, a general consensus has arisen that a ‘good reason’ may include:
– Personal adornment such as tattooing or body piercing;
– Surgery; or
– Horseplay or rough sports.

Notably, sexual activities such as sadomasochism or bondage are generally not considered a ‘good reason’, therefore any injuries that are sustained during such activities cannot be lawfully consented to and may be classified as assault.

Picture credit Dmitriy Yarovoy