Criminal Law

Non-fatal Offences Cases

R v Tabassum [2000] 2 Cr App R 328, [2000] Crim LR 686

Key Point

• Consent to assault is vitiated where there is fraud as to the nature or quality of the act

Facts

• Women (Vs) allowed D to examine their breasts on the basis of his false representation that he was medically qualified and conducting a survey into breast cancer
• D was convicted of assault but appealed on the basis that Vs had consented

Held (Court of Appeal)

• Appeal dismissed – the defence of consent did not apply

Rose LJ

• The women were ‘consenting to touching for medical purposes, and not to indecent behaviour, that is, there was consent to the nature of the act, but not its quality’: p. 337