Tuesday, February 19, 2008

I agree

In criminal law the concept of agreement or consent is an important one. For example, if a person were to punch another, it would usually be an offence. However if this is the case everytime, Muhammad Ali would have a long list of criminal record for assault. In a boxing match or indeed any physical sport, the law recognises that there is implied consent by the participants to harm being inflicted. This consent is of course not to all harm but harm inflicted in fair play. If during a football match, the striker is tackled as he approaches the goal with the ball, that would be fair play. If the bintih occurred as he was walking to the dressing room then there cannot implied consent.
A "consent" is obtained under fear of injury or under misrepresentation of facts is not a valid consent in law. Thus a bogus bomoh, promising a micracle cure by "special urut "cannot claim that the victim has consented as clearly the consent was obtained by fraud. There was once a local so called bomoh who placed daun sireh on "no go"areas of his victims. Despite this rather unusual(to say the least) "treatment" he was apparently quite popular! A word of advice. Go to a proper doctor or healer and save yourself a lot of grief.

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