Bartholomew Dalton writes legal commentary on Marland v DPP implied consent to battery case

4 Jul 2023

Bartholomew Dalton has written a commentary for Criminal Law Week on Marland v DPP [2023] EWHC 1046 (Admin), a case which explores the limits of implied consent to battery.

Mr Marland was convicted of assault by beating in the Magistrates’ Court after he grabbed his intoxicated partner by the shoulders (knowing she did not consent), then took her towards his car and caused her to fall when he let go of her.

In his article, Bartholomew considers the potential for using necessity as a defence to assault, and asks whether this would have been a better prism through which to view this case than the consent-based submissions put forward on Mr Marland’s behalf on appeal in the High Court.

The commentary is available to Criminal Law Week subscribers here.



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