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Offences Against the Person. Case note regarding R. v Brown [1994] 1 A.C. 212.

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  • Essay length: 2412 words
  • Submitted: 06/12/2012
  • Awarding body: Not known/Not applicable
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University Degree Jurisprudence

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Case note regarding R. v Brown [1994] 1 A.C. 212.

Fatima Gurbanova

1103134

IA120

Audrey Woraker

The sado-masochist group which âwillingly and enthusiasticallyâ[1] applied violence upon each other in order to receive a sexual pleasure was held guilty under sections â20 and 47 the Offences against Person Act 1861â[2]. Section 20 of the Offences against person act 1861 states: âWhosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without weapon or instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be kept in penal servitudeâ[3], section 47 states: âWhosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm will be liable to be kept in penal servitudeâ[4]. Appellants being unsatisfied with the sentence of the court applied for appeal arguing that the act under which they were sentenced is inappropriate in the given conditions.

The appellants were experiencing their sado-masochistic exercises on private property, without involving âchildren, young persons (except for K. who was limited in contact) or animalsâ[5]. Their activities were not intended to be shown to public, and the tapes

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