Key Point
- Fraud as to matters that are not sufficiently integral to one’s identity, such as one’s qualifications, do not vitiate consent to acts resulting in actual bodily harm
Facts
- D, a dentist, had been disqualified but continued to treat patients without informing them of her suspension
- D was convicted with assault occasioning actual bodily harm although her patients had consented to the treatment
Held (Court of Appeal)
- Appeal allowed – conviction quashed
- D’s fraud did not vitiate consent
Otton LJ
- Fraud can only vitiate consent to actual bodily harm in circumstances where V was deceived either as to the nature of the act performed or the identity of the performer
- The identity of the person did not extend to knowledge of D’s qualifications or attributes
- Lesser forms of fraud may suffice for civil claims such, D’s conduct was reprehensible and gives rise to a civil claim
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