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 appallConsentHusband branding initials on wifes buttocks at her instigationWhether wifes combine defence to charge of assault occasioning accepted physical harmWhether criminal prosecution in realness 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 bodied harm contrary to section 47 of the Offences against the Person turn 1861. At the close of the prosecution case, on a come in of no case to answer, the judge ruled that despite the wifes take on he was bound by authority to direct the duologue box to convict. In the light of that ruling the appellant was not called to constitute evidence and defence counsel did not form some(prenominal) submissions t o 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 knockout or painful than tattooing, which, if carried out with the consent of an adult, did not gain an offence under section 47 of the Act of 1861 albeit that effective bodily harm was deliberately inflicted; that there was no marauding intent on the part of the appellant and it was not in the public interest that such consensual activity among keep up and wife in the privacy of the matrimonial collection house should be a matter for crimin al investigation or prosecution under sectio! n 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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