Criminal Law Code as at 1st March 2007
249
Consent to sporting injuries
(1) A person who takes part in any lawful sporting activity shall be deemed to have
consented to undergo the risk of sustaining any injury or destruction or loss of property which is
normally inherent in participation in such sporting activity.
(2) Consent referred to in subsection (1) shall not be a defence to any crime where⎯
(a) the accused inflicted the injury, destruction or loss which forms the subject of the
charge deliberately and in contravention of the rules of the sporting activity concerned;
and
(b) the injury, destruction or loss which forms the subject of the charge does not fall
within the risks normally inherent in participation in the sporting activity concerned.
250
Consent to injuries from customary or religious practices
(1) In this section⎯
“slight bodily injury” includes the circumcision of a male person but does not include the
practice of genital mutilation of a female person commonly known as “female
circumcision”.
(2) Consent by a person to slight bodily injury inflicted⎯
(a) in accordance with the customs or traditional practices of the community to which the
person belongs; and
(b) for the purposes of or in accordance with the practice of his or her religion or custom;
shall be a complete defence to a charge alleging the commission of a crime constituted by the
infliction of such injury.
251
Consent given on behalf of other persons
Subject to this Part, where a person is incapable in law of giving consent to anything,
whether because of minority, unconsciousness, insanity or otherwise, consent given by the
person’s parent, guardian, spouse or any other person capable in law of giving consent on his or
her behalf shall be as effective as if the consent had been given by the person himself or herself.
PART XIII
DEFENCE OF PERSON
252
Interpretation in Part XIII of Chapter XIV
In this section⎯
“unlawful attack” means any unlawful conduct which endangers a person’s life, bodily
integrity or freedom.
253
Requirements for defence of person to be complete defence
(1) Subject to this Part, the fact that a person accused of a crime was defending himself or
herself or another person against an unlawful attack when he or she did or omitted to do
anything which is an essential element of the crime shall be a complete defence to the charge
if⎯
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