[CaudleHalbard]

From the CPS website:

On a charge of Common Assault, it is necessary for the prosecution to prove absence of consent: see R v Brown (A.) [1994] 1 A.C. 212, HL. It is possible for a lack of consent to be inferred from evidence other than direct evidence from the victim: see CPS v Shabbir [2009] EWHC 2754 (Admin). Where actual or grievous bodily harm or a wound is caused, however, consent will be no defence in the absence of good reason.

So to make a charge stick on Daley, the CPS would have to prove that Hazel had not consented.