Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9

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

Extracts from this document...

Introduction

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 with their activities were intended only to be shown among the members of the group. ...read more.

Middle

home and his correspondenceâ[16] in their appeals, however Lord Lowry disagreed with this refer saying that the article 8 of the Convention is not a part of the English Law and links to the article 8 (2) of the Convention that states that âno public authority can be said to have interfered with a right by enforcing the provisions of the Act 1861â[17]. In present case âat least actual bodily harmâ[18] was committed; therefore private life is no longer a right in given circumstances. Nonetheless, Lord Mustill in his decision defined the current case as nothing but the âprivate sexual relationsâ[19] which is not a problem of the criminal law. The interesting point that was showed by Lord Mustill is that there are no suitable cases and no appropriate statutes to this case. âThe indictment was made only because no other statute was found which could conceivably be brought to bear upon themâ[20]. Lord Slynn Hadley in his conclusion stated: âadults can consent to acts done in private which do not result serious bodily harmâ[21] and continues saying that therefore the present case cannot be classified as one of the cases that can be sentenced under the Offences Against Person Act 1861. ...read more.

Conclusion

Overall, the court dismissed the appeal because the majority of the Lords held that the group of sado-masochists was applying violence on each other and their acts were unlawful. However, two other Lords (Lord Mustill and Lord Slynn Hadley) expressed the opposite opinion which was not without certain basis. The acts were committed in private, without any enforcement, all the participants were adults, able to understand what they were enacted. The injuries that the appellants had were not serious enough, and the actions that they were doing did not result any crucial consequence. The Offences against Person Act was established in order to punish the cases that include violence and enforcement, which are absent in the current case. It is seen from the Lordâs judgments that the main base for the Lords who dismissed the appeal was the disgust to the amoral activities enacted by the appellants; therefore the decision can be called a prejudice. Yes, the acts that were done by the appellants were perverted, and hardly can be called normal, but however they did not affect anyone except themselves and they were not against this; on the contrary they showed will to experience all the injuries that they had. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Jurisprudence section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Jurisprudence essays

  1. An Introduction to the Law of Intellectual Property

    As soon as the work is "fixed", that is, written or recorded on some physical medium, its author is automatically granted all exclusive rights to the work and any derivative. Copyright law in Tanzania is based on the Copyright and Neighbouring Act, 1999.

  2. Universal conceptions of human rights should supersede culturally relative conceptions. Discuss. Assess the effectiveness ...

    Hypothetical agreement: The social contract would work because everyone (now or then) would agree to it if they were in a state of nature so we can therefore treat everybody as if they actually did. However, not everybody if given a real choice would agree to this so the social contract cannot be binding upon everyone.

  1. Section 1(1) of the Theft Act 1968 provides that 'a person is guilty of ...

    According to R v Ghosh [1982] QB 1053, Angela will be dishonest if '...according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails.

  2. Perhaps the most pertinent issue regarding the justification of torture is the ongoing and ...

    protect the civilian population, then the difference between torturing and killing is debateable. Firstly, in the ticking bomb hypothetical, there is always the assumption that the terrorist caught is undoubtedly a terrorist. This is can often be far fetched, as many captured or arrested terrorist suspects are exactly that, suspects.

  1. Detention violates European Convention on Human Rights (ECHR)

    the bill will "introduce some of the most stringent infringements on civil liberties in Britain since the second world war."III This form of legislation is displayed as a 'provisional' measure to combat terrorism, although such bills have historically been prolonged infringements on freedom.

  2. Unlawful Act Manslaughter

    The sentence can reflect the degree of the accused's culpability since manslaughter can range from unfortunate 'accidents' to killings which come close to being classified as murder. At this top end, the substantive issue in cases such as Moloney, Hancock and Nedrick was the borderline where we must distinguish the highly culpable 'manslaughter' from murder .

  1. Libertarian Welfare Rights. An Inquiry into the Coherence of Some Common Libertarian Commitments

    Or, so the rest of this section will argue. If this is right and the rest of the Welfare Rights Argument succeeds, libertarians should endorse some welfare rights. So, libertarianism may also be more plausible than one might initially think. Even if libertarianism remains implausible, however, libertarianism is gaining adherents and many people cannot secure even the most minimal food, water, shelter, and so forth.

  2. Non Violence and Black Power: How differing conceptions of power led to the transition ...

    Therefore to fully comprehend the events of the 1950's and 1960's an awareness of the various currents that have characterised American black thought is important. These currents are responsible for, and interwoven into the tapestry of black American history and the debates, conflicts, complexities and ambiguities of the earlier years

  • Over 180,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.