Summary.docx - R v BROWN(Judgment Summary 1 Defendants Brown(Anthony Lucas Jaggar Laskey Carter 2 Judges Lorld Templeman Lord Jauncey Lord Lowry Lord

Summary.docx - R v BROWN(Judgment Summary 1 Defendants...

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R v. BROWN (Judgment Summary) 1. Defendants : Brown (Anthony), Lucas, Jaggar, Laskey & Carter 2. Judges: Lorld Templeman, Lord Jauncey , Lord Lowry, Lord Mustill & Lord Slynn 3. Crux of the case: Assault, Consent, Sadomasochists willingly participating in assaults causing injury and pain against each other for sexual pleasure. Relevance of Victim’s consent, whether satisfaction of sado-masochistic libido good for injuries. 4. Relevant Act: Offenses against the Person Act 1861 [ss.20 & 47] 5. The appellants of this case were involved in sadomasochistic activities for sexual gratification. They participated in this act of violence enthusiastically and willingly. 6. The trial judge ruled that the lack of consent on behalf of the victim is not to be proven and hence charged some appellants with s.20 and all appellants with s.47 and hence were convicted. 7. The appellants appealed against the conviction on their belief that the judge had erred in his ruling. According to them, the essential element of this offense (I.e lack of consent) was missing as the acts performed on the victim were done so with his enthusiastic & willing consent. [COURT OF APPEAL DISMISSED THIS APPEAL] 8. The conjoined appeals were dismissed on the basis that inorder to secure a conviction under assault, absence of consent is to be proven but it is not in the public interest that a person should wound or cause ABH to another for no good reason at all. Sado-masochistic activities do not constitute such a good reason. According to the ruling of COA, the question of consent was immaterial as the appellants themselves have admitted to wounding and causing hurt on injuries which interfere with the comfort and health. 9. COA also found no application of Articles 7 & 8 ECHR on these grounds. [Lord Jauncey & Lord Lowry] 10. COA [Criminal Division] granted a certificate under s.33(2) Criminal Appeal Act 1968 stating that a point of law of general public importance was involved in the decision, namely: “Where A wounds or assaults B occasioning him actual bodily harm in the course of sado-masochistic encounter, does the prosecution have to prove lack of consent on the part of B before they can establish A’s guilt under s.20 or s.47 OAPA 1861? 11. LADY MALELIU & ADRIAN FULFORD representing Jaggard & Lucas:
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No serious or permanent injury occurred to any of the appellants nor was there any use of force or threat or an involvement of a minor or animals during the course of sado-masochistic activities. All participants took part willingly and took place privately among the presence of like-minded people. The appellants had absolutely no desire to uncover their activities to the public at large or profit through videotaping and selling it to the market. They were also not under inhibition of any drugs.
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