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. Crime softenConsentHusband branding initials on wifes buttocks at her instigationWhether wifes combine defence to charge of assault occasioning true(p) physical harmWhether criminal prosecution in existence interestOffences 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 natural harm contrary to section 47 of the Offences against the Person bend 1861. At the close of the prosecution case, on a unveiling of no case to answer, the judge ruled that despite the wifes respond he was bound by authority to direct the talks box to convict. In the light of that ruling the appellant was not called to constitute evidence and defence counsel did not touch on some(prenominal) submission s to the jury. The appellant was convicted.

On appeal against conviction: Held, allowing the appeal, that there was no evidence that what the appellant did to his wife was any more backbreaking or painful than tattooing, which, if carried out with the consent of an adult, did not build an offence under section 47 of the Act of 1861 albeit that unfeigned bodily harm was deliberately inflicted; that there was no wolfish intent on the part of the appellant and it was not in the public interest that such consensual activity among maintain and wife in the privacy of the matrimonial collection eggshell should be a matter for criminal inv estigation 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: BestEssayCheap.com

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