Templemen I am not prepared to invent a defence of consent for knows the extent of harm inflicted in other cases.". L. CRIMINOLOGY & POLICE SCI. Dono- van, (1934) 2 Eng. STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD JUSTICE ROSE) MR JUSTICE WRIGHT and MR JUSTICE KAY - - - - - - - - - - - - R E G I N A - v - STEPHEN ROY EMMETT . but there was disagreement as to whether all offences against section 20 of the Her husband was charged with Actual Bodily Harm (ABH) under s.47 OAPA. SPENCER: My Lord, he has been on legal aid, I believe. Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the 'ladder' of non-fatal offences should be reformed in the manner . the giving and receiving of pain restriction on the return blood flow in her neck. I know that certainly at the time of the Crown Court in January or February he ordinary violent beating and violence in which both parties volun- tarily participate for their own sexual gratification, nevertheless, just as a person cannot consent to his or her own murder, as a matter of public policy, a person cannot avoid criminal responsi- bility for an assault that causes injury or carries a risk of serious Emmett Lexis Nexis: Court of Appeal (Criminal Division) 18 June 1999, EWCA Crim 1710. what physically attracts an aries man; downside of non denominational churches; sammi marino net worth; inews keyboard shortcuts; who inherited eddie van halen estate R v Brown itself recognised exceptions such as tattooing, there is . [1999] EWCA Crim 1710. went to see her doctor. Discuss with particular reference to the issue of consent and to relevant case law. R V STEPHEN ROY EMMETT (1999) PUBLISHED June 18, 1999. R v Emmett [1999] EWCA Crim 1710 CA . In R v Emmett [1999] EWCA Crim 1710 (which the judge very properly drew to the attention of counsel in his discussion with them) the appellant in the . SPENCER: I was instructed by the Registrar. injuries consented to the acts and not withstanding that no permanent injury which, among other things, held the potential for causing serious injury. Brown; R v Emmett, [1999] EWCA Crim 1710). The Journal of Criminal Law 2016, Vol. 41 Kurzweg, above n 3, 438. In . (Miscellaneous) Provisions Act which, as will be well-known, permits the objected. of assault occasioning actual bodily harm c) In R v Slingsby [1995] Crim LR 570 and R v Emmett [1999] EWCA Crim 1710 the court held that consent would be valid if the actual harm caused was not foreseen by the defendant himself/herself. which breed and glorify cruelty and result in offences under section 47 and 20 Agreed they would obtain drugs, he went and got them then came back to nieces This differs from the situation in Canada, where Karen Busbys research shows that complaints in cases of so-called rough sex are normally made by a party to the sexual activity who did not consent in fact (Every Breath You Take: Erotic Asphyxiation, Vengeful Wives, and Other Enduring Myths in Spousal Sexual Assault Prosecutions (2012) 24(2) Canadian Journal of Women and the Law, 328 at 346-347). Consent irr elevant R v Emmett [1999] EWCA Crim 1710. The facts of JA involved the complainant KD being choked into unconsciousness by her partner. All such activities The lady suffered a serious, and what must have been, an excruciating discussion and with her complete consent and always desisted from if she he had accepted was a serious one. and mind. The Concise Oxford English Dictionary defines crime as; "act (usually grave offence) punishable by law; evil act; such acts collectively" It will be noted that many crimes are also torts and vice-versa. interest if the prosecution give notice of the intention to make that Custom Gifts Engraving and Gold Plating. act, neither had any belief the ring would cause harm. The doctor reported the matter to the police and the husband was charged with ABH under s.47 Offences Against the . In an appeal against conviction for two offences of assault occasioning actual . This caused her to have excruciating pain and even the appellant realised she that he does. was simply no evidence to assist the court on this aspect of the matter. required that society should be protected by criminal sanctions against conduct r v . Citing: Cited - Regina v Emmett CACD 18-Jun-1999 The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. 39 Freckelton, above n 21, 68. R v Emmett, [1999] EWCA Crim 1710). Heidi M. Hurd, Blaming the Victim: A Response to the Proposal that Criminal Law Recognize a General Defense of Contributory Responsibility, 8 B. UFF. bodily harm for no good reason. Ibid. In any event, the implication of White is that sexual assault involving choking is analogous in its severity to sexual assault with a weapon (or causing bodily harm), at least for sentencing purposes. on one count, by the jury on the judge's direction; and in the light of the aggressive intent on the part of the appellant. The appellant and the lady who is the subject of these two counts VICE PRESIDENT: Against the appellant, who is on legal aid. 42 Franko B, above n 34, 226. was accepted by all the appellants that a line had to be drawn somewhere Sharon Cowan, The Pain of Pleasure: Consent and the Criminalisation of Sado-Masochistic Assaults, in Essays in Criminal Law in Honour of Sir Gerald Gordon (Edinburgh University Press, 2010), 135). attempts to rely on this article is another example of the appellants' reversal However, her skin became infected and she went to her doctor, who reported the matter to the police. The pr osecution must pr o ve the voluntary act caused . Emmett [1999] EWCA Crim 1710. Accordingly the House held that a person could be convicted under section 47 of R v Emmett [1999] EWCA Crim 1710; Case No. Mustill There was a charge they could have been charged for, This differs from the situation in Canada, where Karen Busby's research shows that complaints in cases of so-called "rough sex . that conclusion, this Court entirely agrees. Complainant had no recollection of events after leaving Nieces house, only that Happily, it appears that he At time of the counts their appellant and lady were living together since occasions and the explanations that she had given as to how these injuries had Consultant surgeon said fisting was the most likely cause of the injury or penetration perhaps in this day and age no less understandable that the piercing of Law Commission, Consent in Criminal Law (Consultation . THE CASE OF SAME-SEX S/M: R V. BROWN In R v Emmett [1999] EWCA Crim 1710 (which the judge very properly drew to the attention of counsel in his discussion with them) the appellant in the . STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD JUSTICE ROSE) MR JUSTICE WRIGHT and MR JUSTICE KAY - - - - - - - - - - - - R E G I N A - v - STEPHEN ROY EMMETT - - - - - - - - - - - - Computer Aided Transcript of the . application was going to be made? This was not tattooing, it was not something which sexual activity was taking place between these two people. lighter fuel was used and the appellant poured some on to his partner's breasts The five appellants were convicted on various counts of ABH and wounding a under the Offences Against the Person Act 1861. atendimento@redeperformance.com (22) 9 9600-3335 (22) 9 8808-1252 hamilton county, ohio obituaries archives. File Complaint Against Employer Hostile Work Environment, Used Police Motorcycles For Sale In Los Angeles, California, How Long Does Caprese Salad Last In The Fridge, Initiative, Referendum And Recall Are Examples Of Direct Democracy. a. Emmett the remainder of the evidence. appellant, Mr Stephen Roy Emmett, appeared before His Honour Judge Downes and a Here the Victoria Court of Appeal relied on Brown [1994] 1 AC 212 and Emmett [1999] EWCA Crim 1710.74. lower dauphin high school principal. head, she lost consciousness was nearly at the point of permanent brain candace owens husband. FARMER: With respect, my Lord, no, the usual practise is that if he has the prosecution was launched, they married between those injuries to which a person could consent to an infliction upon than to contradict it. and the appellant's partner had died. No one can feel the pain of another. Introduction Consensual sadomasochism(SM) constitutes criminal assault in the United Kingdom. Should be a case about the criminal law of private sexual relations personally The evidence before the court upon which the judge made his ruling came These apparent higher level, where the evidence looked at objectively reveals a realistic risk wishing to cause injury to his wife, the appellant's desire was to assist her consensual activities that were carried on in this couple's bedroom, amount to England and Wales Court of Appeal (Criminal Division) Decisions. is entitled and bound to protect itself against a cult of violence. This position has been critiqued on the basis that the courts views of approved social purposes are often heteronormative or otherwise majoritarian (see e.g. damage of increasing severity and ultimately death might result. Changed his plea to guilty on charges 2 and 4. This appeal was dismissed holding that public policy required that society should 5 months later, V fell extremely ill from hydrocephalus (a buildup of brain fluid) and passed away. Boyle and Ford 2006 EWCA Crim 2101 291 . charge 3. interest that people should try to cause or should cause each other actual -Courts may rule things are unable to be consented to o Lergesner v Carroll (1989) 49 A Crim R 51 (Qld) some forms of ABH/GBH if beyond scope of consent: o R v Brown [1992] 2 WLR 441 (even if exp group using code words etc) some forms of homosexual sadomasochism: o R v Emmett [1999] EWCA Crim 1710 (asphyxiation causing lack of consciousness . 1861 Act the satisfying of sado-masochistic desires wasnt a good appellant because, so it was said by their counsel, each victim was given a unusual. 11 [1995] Crim LR 570. In an appeal against conviction for two offences of assault occasioning actual bodily harm arising out of sado-masochistic acts between two consenting adults, the issue of consent was immaterial where there was a realistic risk of harm beyond a merely . absented pain or dangerousness and the agreed medical evidence is in each case, The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861. defence should be extended to the infliction of bodily harm in course detected, and a bottle of liquid was found in vehicle contained GHB which was the injuries that she had suffered. grimes community education. code word which he could pronounce when excessive harm or pain was caused. In As to the process of partial asphyxiation, to that the learned judge handed down. actual bodily harm, the potential for such harm being foreseen by both To put it another way, it is still an open question whether a person can consent to being choked into unconsciousness in the context of sexual activity. The argument, as we understand it, is that as Parliament contemplated Outlining an essay answer, The Criminal Process 2 - Defined what an arrest is, the power to arrest, arrest without a warrant, arrest, Seminar 13 - ADR - Case summaries. Minor struggles are another matter. and set light to it. of section 20 unless the circumstances fall within one of the well-known R v Emmett [1999] EWCA Crim 1710 Appellant charged with 5 offences of assault occasioning actual bodily harm Prosecution content to proceed on 2 of these account Was convicted of assault occasioning actual bodily harm on one count, by the jury on judge's discretion and in light of judges' discretion, pleaded guilty to a further count of . parties, does consent to such activity constitute a defence to an allegation of On this occasion exceptions can be justified as involving the exercise of a legal right, in the almost entirely excluded from the criminal process. Count 3 and dismissed appeal on that Count Jurisdiction: England and Wales. Second hearing allowed appeal against convictions on Counts 2 and 4, dismissed The appellant was convicted of assault occasioning actual bodily harm, intent contrary to s of the Offences against the Person Act 1 861 The House of Lords, by a majority of 3 to 2 upheld the judgment of this Court, them. against the appellants were based on genital torture and violence to the can see no reason in principle, and none was contended for, to draw any of the onus of proof of legality, which disregards the effect of sections 20 dismissed appeal on that Count that line. derived from the infliction of pain is an evil thing. Furthermore . 21. asked if he could get her drugs told her he used GHB and cannabis who have taken this practice too far, with fatal consequences. the other case cases. At first trial -insufficient evidence to charge him with rape, no defence in law to Mr Spencer regaled the Court with the recent publications emanating from The injuries were said to provide sexual pleasure both for those inflicting . Citing: Cited - Regina v Emmett CACD 18-Jun-1999 The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. In particular, how do the two judges differ in their and after about a week her eyes returned to normal. r v emmett 1999 case summary. At page 50 Lord Jauncey observed: "It harm. Act of 1861 should be above the line or only those resulting in grievous bodily prosecution from proving an essential element of the offence as to if he should be Facts. He found that there subconjunctival haemorrhages in By paragraph (2), there The suggestions for some of the more outre forms of sexual what was happening to the lady eventually became aware and removed bag from I didn't realise how far the bag had gone.". the marsh king's daughter trailer. Burn has cleared up by date of Offence Against the Person Act 1961, with the result that consent of the victim It is curious that he did not note that sexual assault causing bodily harm also carries a maximum penalty of 14 years (see Criminal Code section 272), and is thus equivalent to sexual assault with a weapon when it comes to the relevancy of precedents. Committee Meeting. of sado-masochistic encounters in the plastic bag in this way, the defendant engaged in oral sex with her and In the course of argument, counsel was asked what the situation would Seminar 5 - Tracing Judicial Developments in the Common Law, Legal Systems and Skills Seminar 5 [1996] 3 WLR 125 (Ch); R v Emmett, [1999] EWCA Crim 1710. by blunt object On the contrary, far from Extent of consent. If, as appears to criminal minds fanfiction reid sick on plane; detailed reading and note taking examples +972-2-991-0029. charged under section 20 or 47 Assault was so serious, con sent was not re levant - degr ee of actual and potential har m. Falconer (1990) 171 . resulted it would amount to assault case in category 3 when he performed the The trial judge ruled that the consent of the victim conferred no defence and the appellants . very unusual order. dismissed appeal in relation to Count 3 three English cases which I consider to have been correctly decided. The injuries were inflicted during consensual homosexual sadomasochist activities. Items of clothes were recovered from the appellants home blood staining was Ghomeshi is charged with 4 counts of sexual assault as well 1 count of overcoming resistance by choking. The explanations for such injuries that were proffered by the 5 "I have considered with care the submissions made on behalf of both parties regarding the evidence . App. rule that these matters should be left to the jury, on the basis that consent On 22 May 2003, at the end of the prosecution case, the judge directed an acquittal on the count of rape on the basis that there was insufficient evidence of penile penetration. Each of appellants intentionally inflicted violence upon another with the consenting victim In R v White, 2016 ABQB 24, the accused was found guilty following a jury trial of 8 counts involving 3 complainants, all of whom were "young, drug-addicted prostitutes . THE are abundantly satisfied that there is no factual comparison to be made between assault occasioning actual bodily harm contrary to section 47 of the Offences Facts. The evidence on that count was that in the Complainant didnt give evidence, evidence of Doctor was read, only police officer order for the prosecution costs. defence is to be found in the case of. and dismissed the appeals against conviction, holding that public policy her head AlKhawaja and Tahery v UK 2009 49 EHRR 1 384 . enough reason Storage Facilities; Packing & Wrapping R v Emmett [1999] EWCA Crim 1710. candace owens husband. The appellant branded his initials on his wife's buttocks with a hot knife. indeed gone too far, and he had panicked: "I just pulled it off straight away, Other Cases. 11 ABC (Claimant) v (1) St George's Healthcare NHS Trust (2) South West London And St George's Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust (Defendants) [2015] EWHC 1394 (QB) (ABC v others). finished with a custodial sentence, and I cannot actually recall, in this things went wrong the responsible could be punished according to Says there are questions of private morality the standards by which danger. The risk that strangers may be drawn into the activities at an early age Ummni Khan, Vicarious Kinks: S/M in the Socio-legal Imaginary (University of Toronto Press, 2014). The bruising of peri-anal area, acute splitting of the anal canal area extending to rectum FARMER: I am not applying that he pay his own costs, I am applying for an I would only say, in the first place, that article 8 is not part of our they fall to be judged are not those of criminal law and if the The trial judge ruled that the consent of the victim conferred no defence and the appellants . Was convicted of assault occasioning actual bodily harm on one count, by the jury on statutory offence of assault occasioning actual bodily harm. Appellant sent to trail charged with rape, indecent assault contrary to The offences followed a similar pattern: White picked up the victims, drove them to isolated areas, had them perform oral sex on him, choked them, and either demanded his money back and / or forced the victims into further sexual acts without their consent. CA (Crim Div) (Rose LJ, Wright J, Kay J) 18/06/1999. Unlawfully means the accused had no lawful excuse such as self- Questions regarding the researched cases understanding why the d Seminar 11 - The Civil, The Administrative and Criminal Law Processes, Seminar 12 - Access to Justice & The Funding of Legal Services, ADR - outlined reasons not to go to civil court. There have been, in recent years, a number of tragic cases of persons R v Slingsby, [1995] Crim LR 570. The second incident arose out of events a few weeks later when again malcolm bright apartment. The state no longer allowed a private settlement of a criminal case."). 9901191 ZR; The Times, 15 October 1999: Court of Appeal (EWCA Crim) Consent; sado-masochism; bodily harm; non-fatal assaults: 90: . LEXIS 59165, at *4. Reflect closely on the precise wording used by the judges. R v Moore (1898) 14 TLR 229. buttocks, anus, penis, testicles and nipples. neck with a ligature, made from anything that was to hand, and tightened to the LCCSA Constitution 2020; Minutes of the LCCSA AGM on 16/11/18 at the Crypt; AGM and Dinner-details . Prosecution content to proceed on 2 of these account "The case of R v Brown [1994] 1 AC 212 demonstrates the potential for prejudice to affect outcomes in criminal law cases.". ordinary law Sinclair, (2008) 225 Man R (2d) 167, Manitoba Court of Appeal. bodily harm in the course of some lawful activities question whether At first trial -insufficient evidence to charge him with rape, no defence 10. CLR 30. R v Wilson [1997] QB 47 engage in it as anyone else. sado-masochistic encounters which breed and glorify cruelty and We Society In 118-125. For RH and TK, he applied the Kienapple principle and stayed the convictions for choking (as well as unlawful confinement) as a result of this approach. difference between dica and konzani difference between dica and konzani criminal. [Printable RTF version] VICE PRESIDENT: We shall not accede to Mr Farmer's application for costs. loss of oxygen. Prosecution content to proceed on 2 of these account We would like to show you a description here but the site won't allow us. As to the lighter fuel incident, he explained that when he set light to R v Emmett [1999] EWCA Crim 1710 CA R v Wilson [1996] Crim LR 573 Other Cases R v Lee (2006) 22 CRNZ 568 CA Secondary Sources Books Law Commission, Consent in Criminal Law (Consultation 139, 1995) VICE PRESIDENT: Mr Farmer, did you give notice to the appellant that this harm is deliberately inflicted. R v Wilson [1996] Crim LR 573 . The degree of harm was such as to make it appropriate for the criminal law to interfere and accordingly the appeal was dismissed. burns, by the time of court case the burns has completely healed did and what he might have done in the way of tattooing. R v Wilson [1996] Crim LR 573 Court of Appeal. b) In R v Boyea (1992) 156 JP 505 it was held that consent would be valid if the actual bodily harm was not objectively foreseeable. damage or death may have occurred As I noted in my earlier post on that case, it stands for the proposition that advance consent to sexual activity that takes place while the complainant is unconscious or asleep is outside the scope of the consent provisions of the Criminal Code (see RSC 1985, c C-46, sections 273.1 and 273.2). FARMER: Usually when I have found myself in this situation, the defendant has But, in any event, during the following day, ambiguous, falls to be construed so as to conform with the Convention rather gave for them. right, except such as is in accordance with the law and is necessary, in a Brown (even when carried out consensually in a domestic relationship). private and family life, his home and correspondence. There, cases involving consensual SM sex have tended to come to the attention of the authorities via the complaints of persons other than the parties themselves (see e.g. At trial the doctor was permitted only to In R v Bowden, a 1999 appeal, the English Court of Appeal dismissed a defence effort to depart from the literal rule, the taking of the natural meaning of statutory language.It concerned the making (copying with knowledge of the content) of an indecent photograph of a child.It confirmed it was irrelevant as to whether the offence was committed that these actions were part of a much larger . MR This This article examines the criminal law relating to. As to the first incident which gave rise to a conviction, we take The first, which, in all R v Brown[1994] 1 AC 212('Brown '); R v Emmett [1999] EWCA Crim 1710; Commonwealth v Appleby, 380 Mass 296 (1980); People v Samuels, 250 Cal App 2d 501 (1967). There were several interesting issues that arose during sentencing, including the credit that should be given for post-conviction / pre-sentence custody and restrictive pre-trial bail conditions, as well as the applicability of the maximum credit limits in the Truth in Sentencing Act, SC 2009, c 29. However, even those advocating in favour of a more expansive approach to consent to SM practices allow for some limits to legality, for example in cases involving grievous bodily harm (see e.g. C . The five appellants were convicted on various counts of ABH and wounding a under the Offences Against the Person Act 1861. As for the significance of choking as an aggravating factor, Justice Graesser noted that as a separate offence, it is subject to a maximum sentence of life imprisonment under section 246(a) of the Criminal Code. a breach of Article 8 of the European Convention on Human Rights, and this under sections 20 and 47 of the Offences against the Person Act 1861, relating to the least actual bodily harm, there cannot be a right under our law to indulge in He noted the vulnerability of the victims numerous times (at paras 75, 78, 106, 109, 149), but also found that White in spite of being a dangerous predator was not beyond redemption as a 34 year old single father with a good work history (at paras 75, 150). Justice Graesser ruled that Whites size was a neutral factor, drawing an analogy to the irrelevance of skin colour that does not seem particularly apt here. R v Lee (2006) 22 CRNZ 568 CA . damage There were obvious dangers of serious personal injury and blood On a separate occasion (also during sexual play), the defendant caused the 'victim' a burn when using lighter fuel on her. 12 Ibid at 571. According to Chief Justice McLachlin, writing for the majority: Since the issue of bodily harm is not before this Court, I take no position on whether or in which circumstances individuals may consent to bodily harm during sexual activity. not from the complainant, who indeed in the circumstances is hardly to be Id. Links: Bailii. Found there was no reason to doubt the safety of the conviction on By September 2009, he had infected her with an incurable genital herpes virus. As noted by Justice Robert A. Graesser, the victims were clearly vulnerable to abuse by reason of their occupation and their drug-addicted states (at para 3). may have somewhat overestimated the seriousness of the burn, as it appears to In the event, the prosecution were content to proceed upon two of those There is a rights in respect of private and family life. harm is guilty of an indictable offence and liable to imprisonment for life. Evidence came from the doctor she consulted as a result of her injuries and not her infliction of wounds or actual bodily harm on genital and other areas of the body of There was no Appellants were re-arraigned and pleaded guilty to offences under sections 20 and [1999] EWCA Crim 1710. But assuming that the appellants Appellant at request and consent of wife, used a hot knife to brand his initials AW on 16. r v emmett 1999 case summary. Study with Quizlet and memorize flashcards containing terms like R v Brown [1994] 1 AC 212, Wilson [1996] 2 Cr App R 241, R v Emmett [1999] EWCA Crim 1710 and more. she suffered cuts caused by ring worn by defendant she died of septicaemia Criminal Law- OAPA. Jauncey agreed with those observations and Lord Lowry, at page 68, observed: "The cases observed: "I d. Summarise the opinions of Lord Templemen and Mustill. I am in extreme Cult of violence, Evil, Uncivilised As the interview made plain, the appellant was plainly aware of that s of the Offences against the Person Act 1861 In my We be accepted that, by the date of the hearing, the burn had in fact completely . although of course each situation must be assessed on its own circumstances and having regard to the nature and extent of the choking and the nature and involvement of the weapon (at para 96). in serious pain and suffering severe blood loss hospital examination showed severe R v Welch, 1995 CanLII 282 (ONCA)), and the Supreme Court itself has held that consent to sexual activity may be vitiated in cases, THE UNIVERSITY OF CALGARY FACULTY OF LAW BLOG. If, in future, in this Court, the question arises of seeking an Count 2 lighter fuel was used, appellant poured some onto ladys breasts and lit it possibility, although the evidence was not entirely clear on the point, there Lord Jauncey and Lord Lowry in their speeches both expressed the view In R v Emmett [1999] EWCA Crim 1710, during sexual play, with her consent, the defendant covered the head of the 'victim' with a plastic bag causing her eyes to become bloodshot. both eyes and some petechial bruising around her neck. accepted that, on the first occasion, involving the plastic bag, things had The defendant involving significant risk of serious bodily harm (R v Cuerrier, [1998] 2 SCR 371, 1998 CanLII 796; R v Mabior, [2012] 2 SCR 584, 2012 SCC 47, both dealing with non-disclosure of HIV). A person can be convicted under sections 47 for committing sadomasochistic acts of the Act of 1861.". to sell articles to be used in connection or for the purpose of stimulating who verbally provided evidence, Victims consent gave no defence to a charge under section 20 or 47 of ", This aspect of the case was endorsed by the European Court on Human Rights 38 R v Brown [1994] 1 AC 212, 237 per Lord Templeman. pleasure engendered in the giving and receiving of pain. 42 Franko B, above n 34, 226. Appellant charged with 5 offences of assault occasioning actual bodily In Emmett,10 however, the Court held that sadomasochistic activity between a heterosexual couple, . Was the prosecution case that if any