The Grades

47 Q.B.
A [COURT OF APPEAL]

R E G I N A v. W I L S O N ( A L A N ) 1996 B Feb. 23; 29 Russell L.J., Bracewell J. and Judge Capstick Q.C.

Crimeâ€" breakâ€"Consentâ€"Husband branding initials on wifes buttocks at her instigationâ€"Whether wifes combine defence to charge of assault occasioning authentic physical harmâ€"Whether criminal prosecution in world interestâ€"Offences against the Person stage 1861 (24 & 25 Vict. c. 100), s. 47 At his wifes instigation the appellant branded his initials on her buttocks with a hot knife. He was charged with assault occasioning existing bodily harm contrary to section 47 of the Offences against the Person Act 1861. At the close of the prosecution case, on a entering of no case to answer, the judge ruled that despite the wifes consent he was bound by authority to direct the dialog box to convict. In the light of that ruling the appellant was not called to constitute evidence and defence counsel did not make some(prenominal) submissions to the jury. The appellant was convicted.



On appeal against conviction:â€" Held, allowing the appeal, that there was no evidence that what the appellant did to his wife was any more severe or painful than tattooing, which, if carried out with the consent of an adult, did not pretend an offence under section 47 of the Act of 1861 albeit that actual bodily harm was deliberately inflicted; that there was no vulturine intent on the part of the appellant and it was not in the public interest that such consensual activity among husband and wife in the privacy of the matrimonial collection plate should be a matter for criminal investigation or prosecution under section 47; and that, accordingly, the conviction would be quashed (post, pp. 50A-B, E-G). Rex v. Donovan [1934] 2 K.B. 498, C C A . and Reg. v. Brown (Anthony) [1994] 1 A.C. 212, H.L.(E.) distinguished. The following cases are referred to in the judgment: Reg. v. Brown (Anthony) [1994] 1 A . C 212; [1993] 2 W.L.R. 556; [1993] 2 All E.R. 75, H.L.(E.) Rex v. Donovan [1934] 2 K.B. 498, C...If you want to get a full essay, order it on our website: Ordercustompaper.com



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