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Tags
#crime #defences #law
Question
The rule that consent can only be a defence to Assault or Battery was confirmed by the House of Lords in R v Brown, a case concerning sadomasochistic homosexuals, who caused injuries to each other for sexual pleasure. No medical treatment was required. The participants were charged with offences of assault occasioning ABH under the OAPA 1861, s 47 and causing GBH under the OAPA 1861, s 20. The defence of consent failed. The court held that consent could not be a defence to anything greater than a battery, unless it fell into one of the accepted 'good reasons':

'… the line properly falls to be drawn between assault at common law and the offence of assault occasioning ABH created by sec 47 of the 1861 Act with the result that consent of the victim is no answer to anyone charged with the latter offence or sec 20 unless the circumstances fall within one of the well-known exceptions such as [...].' (Per Lord Jauncey.)

Answer
organised sporting contests and games, parental chastisement or reasonable surgery

Tags
#crime #defences #law
Question
The rule that consent can only be a defence to Assault or Battery was confirmed by the House of Lords in R v Brown, a case concerning sadomasochistic homosexuals, who caused injuries to each other for sexual pleasure. No medical treatment was required. The participants were charged with offences of assault occasioning ABH under the OAPA 1861, s 47 and causing GBH under the OAPA 1861, s 20. The defence of consent failed. The court held that consent could not be a defence to anything greater than a battery, unless it fell into one of the accepted 'good reasons':

'… the line properly falls to be drawn between assault at common law and the offence of assault occasioning ABH created by sec 47 of the 1861 Act with the result that consent of the victim is no answer to anyone charged with the latter offence or sec 20 unless the circumstances fall within one of the well-known exceptions such as [...].' (Per Lord Jauncey.)

Answer
?

Tags
#crime #defences #law
Question
The rule that consent can only be a defence to Assault or Battery was confirmed by the House of Lords in R v Brown, a case concerning sadomasochistic homosexuals, who caused injuries to each other for sexual pleasure. No medical treatment was required. The participants were charged with offences of assault occasioning ABH under the OAPA 1861, s 47 and causing GBH under the OAPA 1861, s 20. The defence of consent failed. The court held that consent could not be a defence to anything greater than a battery, unless it fell into one of the accepted 'good reasons':

'… the line properly falls to be drawn between assault at common law and the offence of assault occasioning ABH created by sec 47 of the 1861 Act with the result that consent of the victim is no answer to anyone charged with the latter offence or sec 20 unless the circumstances fall within one of the well-known exceptions such as [...].' (Per Lord Jauncey.)

Answer
organised sporting contests and games, parental chastisement or reasonable surgery
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ssault occasioning ABH created by sec 47 of the 1861 Act with the result that consent of the victim is no answer to anyone charged with the latter offence or sec 20 unless the circumstances fall within one of the well-known exceptions such as <span>organised sporting contests and games, parental chastisement or reasonable surgery.' (Per Lord Jauncey.) <span><body><html>

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