The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification should be placed in a special category of exemption from the general rule that the consent of an individual to injury provides no defence to the person who inflicts that injury if the violence causes actual bodily harm or more serious injury.’
Judges:
The Lord Burnett of Maldon CJ, Nicol, William Davis JJ
Citations:
[2018] EWCA Crim 560, [2018] 3 WLR 883, [2018] WLR(D) 187, [2018] LLR 514, [2019] QB 1, [2018] 2 Cr App R 1, [2018] Crim LR 847
Links:
Statutes:
Offences Against the Person Act 1861 18 20
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
Cited – I, P, O, I and G, Regina v CACD 14-Aug-2009
(CII, Regina v) Whether judge at preparatory hearing could rule against his sitting at any later trial and whether the ruling ought to have been the subject of an interlocutory appeal with a view to saving court time in the trial. . .
Cited – Regina v Miller Assz 1954
A husband was charged with rape of his wife after she had left him and petitioned for divorce. He was also charged with an assault.
Held: There was no evidence which entitled the court to say that the wife’s implied consent to marital . .
Cited – Regina v Leonard Smith 29-Nov-1837
A wound is caused when the whole of the skin, dermis and epidermis, is broken including the inner skin within the cheek, lip or urethra . .
Cited – Regina v Waltham 1849
. .
Cited – Regina v Cunningham HL 8-Jul-1981
A defendant may be convicted of murder if it is established either (1) that he had an intent to kill or (2) that he had an intent to cause really serious bodily injury.
Intention is a state of mind which can never be proved as a fact. It can . .
Cited – Director of Public Prosecutions v Smith HL 1960
The defendant tried to avoid arrest and killed a policeman by driving off with the policeman clinging to the car.
Held: (1) The defendant committed murder because death or grievous bodily harm was foreseen by him as a ‘likely’ result of his . .
Cited – Regina v Coney QBD 18-Mar-1882
A public prize-fight was unlawful. Spectators were tried at Berkshire County Quarter Sessions with common assault. The Chairman of Quarter Sessions directed the jury to convict the spectators of common assault on the basis that having stayed to . .
Cited – Rex v Donovan CCA 1934
The defendant was convicted of indecent assault and common assault after caning a 17 year old female complainant for the purposes of sexual gratification. The complainant suffered actual bodily harm, though the defendant was not charged with an . .
Cited – Attorney General’s Reference No 6 of 1980 CACD 7-May-1981
There had been a fight, not in the course of properly conducted sport.
Held: Where two people fight in those circumstances intending or causing actual bodily harm, it is no defence for a person charged that the other consented, whether the . .
Cited – Pallante v Stadiums Pty Ltd (No 1) 9-Apr-1975
Supreme Court of Victoria
McInerney, J sought to arrive at an intellectually satisfying account of the apparent immunity of professional boxing from criminal process, but concluded that the task is impossible. . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 May 2022; Ref: scu.624006