R V Brown - Judgment

Judgment

The certified question of appeal which the House of Lords was asked to consider was:

"Where A wounds or assaults B occasioning him actual bodily harm in the course of a 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 section 20 or section 47 of the Offences against the Person Act 1861?"

The Lords — by a bare majority, Lords Mustill and Slynn dissenting — answered this in the negative, holding that consent could not be a defence to offences under sections 20 and 47 of the Offences against the Person Act 1861

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