R. v. Brown

2 All ER. (1993)

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R. v. Brown

House of Lords
2 All ER. (1993)

  • Written by Craig Conway, LLM

Facts

Brown (defendant) and others (collectively Defendants) engaged in acts of consensual sado-masochistic homosexual encounters and were thereafter charged with, and convicted of, assaults and woundings. The court of appeal affirmed the convictions and certified the following point of law for consideration by the House of Lords, namely, whether the prosecution must prove lack of consent on the part of person B who is assaulted and/or wounded by person A during the course of a consensual sado-masochistic encounter before person A may be found guilty of a crime.

Rule of Law

Issue

Holding and Reasoning (Templeman, J.)

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