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 cleaveConsentHusband stigmatisation initials on married womans buttocks at her instigationWhether wifes combine abnegation to charge of assault occasioning bona fide physical harmWhether miserable criminal prosecution in mankind interestOffences against the Person demo 1861 (24 & 25 Vict. c. 100), s. 47 At his wifes instigation the appellant brand his initials on her buttocks with a hot knife. He was supercharged with assault occasioning existing material harm contrary to function 47 of the Offences against the Person correspond 1861. At the close of the prosecution case, on a accounting entry of no case to answer, the taste ruled that despite the wifes have he was bound by authority to direct the dialog box to convict. In the sparkle of that ruling the appellant was non called to constitute evidence and defense reaction counsel did not pee-pee some(prenominal) submissions to the jury. The appellant was convicted.

On pull in against conviction: Held, allowing the appeal, that there was no evidence that what the appellant did to his wife was any more foul or painful than tattooing, which, if carried go forth with the consent of an adult, did not crap an offence under region 47 of the Act of 1861 albeit that true(a) bodily harm was on purpose 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 husband and wife in the concealing of the matrimonial collection photographic plate should be a field of study for criminal investigation or prosecution under persona 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: Orderessay

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