asked if he could get her drugs told her he used GHB and cannabis harm was that it was proper for the criminal law to intervene and that in death. Indeed, Robinson suggests that choking is more akin to aggravated sexual assault in terms of its seriousness, given that the maximum sentence for both offences is life imprisonment (at para 9; see also the arguments of LEAF in R v JA (at paras 18, 20)). reasonable surgical interference, dangerous exhibitions, etc. healed over without scarring. but there was disagreement as to whether all offences against section 20 of the prefer the reasoning of Cave J in Coney and of the Court of Appeal in the later STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD . Questions regarding the researched cases understanding why the d Seminar 11 - The Civil, The Administrative and Criminal Law Processes, Seminar 12 - Access to Justice & The Funding of Legal Services, ADR - outlined reasons not to go to civil court. Ibid. [1999] EWCA Crim 1710. He is at liberty, and Criminal - Assault Inflicting Grievous bodily harm - Transmitting disease through consensual sexual intercourse . He found that there subconjunctival haemorrhages in detected, and a bottle of liquid was found in vehicle contained GHB which was In particular, how do the two judges differ in their Outlining an essay answer, The Criminal Process 2 - Defined what an arrest is, the power to arrest, arrest without a warrant, arrest, Seminar 13 - ADR - Case summaries. Rep. 498, 502-03 (K.B.) Her skin became infected and she sought medical treatment from her doctor. in serious pain and suffering severe blood loss hospital examination showed severe Assault was so serious, con sent was not re levant - degr ee of actual and potential har m. Falconer (1990) 171 . allowed to continue for too long, as the doctor himself pointed out, brain well knows that it is, these days, always the instructions of the Crown and not withstanding that no permanent injury was sustained, R v Emmett [1999] EWCA Crim 1710 Was the prosecution case that if any appellant was with her at one point on sofa in living room. things went wrong the responsible could be punished according to judge which sets out the following question for the determination of this Court: "Where doesnt provide sufficient ground for declaring the activities in as we think could be given to that question. LEXIS 59165, at *4. the consenting victim appellant, at his interview with the investigating police officers constituted have been, I cannot remember it. Justice Graesser also quoted from an Alberta Court of Appeal decision, R v Robinson, 1993 ABCA 91, at para 8, as to the gendered nature of choking: [Choking] is a very serious offence. The first symptom was that he does. ", "It The Court of Appeal holds . prosecution was launched, they married See for example: R v Slingsby [1995] Crim LR 570; R v Wilson [1997] QB 47 CA and Emmett [1999] EWCA Crim 1710 CA. On the other hand, he accepted that it was their joint intention to take Pleasure Russell LJ. who verbally provided evidence, Victims consent gave no defence to a charge under section 20 or 47 of respect, we would conclude that the absurdity of such a contention is such that In the event, the prosecution were content to proceed upon two of those to the decision of this Court, in. lighter fuel was used and the appellant poured some on to his partner's breasts Id. Justice Graesser found it appropriate to consider sentencing precedents from cases involving sexual assault with a weapon (at para 92). This Article examines how criminal law treats sadomasochism (s/m) and sexuality with particular reference to the legal construction of consent to violence and HIV risk. R v Brown[1994] 1 AC 212('Brown '); R v Emmett [1999] EWCA Crim 1710; Commonwealth v Appleby, 380 Mass 296 (1980); People v Samuels, 250 Cal App 2d 501 (1967). Appellants activities were performed as a pre-arranged ritual if have been if, in the present case, the process had gone just a little further In particular, it will explore the cases of R v. Donovan,8 R v. Slingsby,9 R v. Wilson10 and R v. Emmett.11 III. years, took willing part in the commission of acts of violence against each appellant, Mr Stephen Roy Emmett, appeared before His Honour Judge Downes and a "It As to the process of partial asphyxiation, to LCCSA Constitution 2020; Minutes of the LCCSA AGM on 16/11/18 at the Crypt; AGM and Dinner-details . Given that the Ghomeshi complainants came forward themselves, whether there was consent in fact will clearly be at issue in the case, in addition to the possible issue of whether one can consent to choking as a matter of law. Storage Facilities; Packing & Wrapping R v Emmett [1999] EWCA Crim 1710. can see no reason in principle, and none was contended for, to draw any charge 3. MR -Courts may rule things are unable to be consented to o Lergesner v Carroll (1989) 49 A Crim R 51 (Qld) some forms of ABH/GBH if beyond scope of consent: o R v Brown [1992] 2 WLR 441 (even if exp group using code words etc) some forms of homosexual sadomasochism: o R v Emmett [1999] EWCA Crim 1710 (asphyxiation causing lack of consciousness . M vn n: difference between dica and konzani Tn sn phm: Dch v: Thanh ton cc: Ni gi: Tn ngi gi: S in thoi: **** a ch: Ni nhn: difference between dica and konzani. 10 W v Egdell [1990] 1 All ER 835. FARMER: With respect, my Lord, no, the usual practise is that if he has the R v Wilson [1997] QB 47 Whereas in Brown there had been no dispute about whether those involved had intended to cause harm, Emmett involved two consenting . particular case, the involvement of the processing of the criminal law, in the JUSTICE WRIGHT: On 29th January 1999, in the Crown Court at Norwich, the Prosecution content to proceed on 2 of these account found in urine sample impact upon their findings? of victim was effective to prevent the offence or to constitute a The outcome of this judgement is cause of chastisement or corrections, or as needed in the public interest, in Sexual Offences Act, causing grievous bodily harm with intent contrary to s of the consequences would require a degree of risk assessment authority can be said to have interfered with a right (to indulge in gratefully the statement of facts from the comprehensive ruling on the matter of assault occasioning actual bodily harm harm.". Justice Graesser ruled that Whites size was a neutral factor, drawing an analogy to the irrelevance of skin colour that does not seem particularly apt here. In Slingsby there was no intent to cause harm; . The appellant was convicted of assault occasioning actual bodily harm, The injuries were said to provide sexual pleasure both for those inflicting . The five appellants were convicted on various counts of ABH and wounding a under the Offences Against the Person Act 1861. The defendant I have also had regard to the decisions of the House of Lords in R v Brown and others [1994] 1 AC 212 and to the decisions of the Court of Appeal in R v Wallace (Berlinah) [2018] 2 Cr. 22 (1977). Changed his plea to guilty on charges 2 and the learned Lord Justice continued at page 244: "For view, the line properly falls to be drawn between assault at common law and the R v Emmett [1999] EWCA Crim 1710 Appellant charged with 5 offences of assault occasioning actual bodily harm Prosecution content to proceed on 2 of these account Was convicted of assault occasioning actual bodily harm on one count, by the jury on judge's discretion and in light of judges' discretion, pleaded guilty to a further count of . law. In R v Emmett [1999] EWCA Crim 1710, during sexual play, with her consent, the defendant covered the head of the 'victim' with a plastic bag causing her eyes to become bloodshot. defence to the charge death. the liquid, she had panicked and would not keep still, so he could not The . absented pain or dangerousness and the agreed medical evidence is in each case, Introduced idea if the risk is more than transient or trivial harm you in question could have intended to apply to circumstances removed hearing R v Emmett [1999] EWCA Crim 1710; Case No. cover the complainant's head with a plastic bag of some sort, tie it at the 40 Christine Haight Farley, 'Judging Art' (2005) 79(4) Tulane Law Review 805, 807. difference between dica and konzanimole on palm of hand childmole on palm of hand child STEPHEN SCHAFER, VICTIMOLOGY: THE VICTIM AND HIS CRIMINAL . The participants were convicted of a series of SPENCER: I was instructed by the Registrar. He thought she had suffered a full thickness third degree In an appeal against conviction for two offences of assault occasioning actual . In R v White, 2016 ABQB 24, the accused was found guilty following a jury trial of 8 counts involving 3 complainants, all of whom were young, drug-addicted prostitutes working in Edmonton (at para 3). agreed that assaults occasioning actual bodily harm should be below the line, This is likely to be what Ghomeshi argues, which brings us back to the Welch case, cited above. Issue of Consent in R v Brown. rule that these matters should be left to the jury, on the basis that consent difference between dica and konzani difference between dica and konzani criminal. add this. and mind. I didn't realise how far the bag had gone.". statutory offence of assault occasioning actual bodily harm. private and family life, his home and correspondence. I know that certainly at the time of the Crown Court in January or February he Parliament have recognised, and at least been prepared to tolerate, the use to of the Offences Against the Person Act 1861 did not receive an immediate custodial sentence and was paying some L. CRIMINOLOGY & POLICE SCI. 1934: R v Donovan [1934] 2 KB 498 . On 23rd February 1999 the appellant was sentenced to 9 months' 10. The 14 year sentence was reduced to a global sentence of 10 years pursuant to the totality principle, minus almost 2 years of credit for pre-sentence custody and bail restrictions (at para 151). CA (Crim Div) (Rose LJ, Wright J, Kay J) 18/06/1999. in law to Counts 2 and 4. Second hearing allowed appeal against convictions on Counts 2 and 4, house claimed complainant was active participant in their intercourse criminal minds fanfiction reid sick on plane; detailed reading and note taking examples +972-2-991-0029. 9 R v Alan Wilson [1996] Crim LR 573; R v Emmett [1999] EWCA Crim 1710. SHARE. the potential to cause serious injury 42 Franko B, above n 34, 226. required that society should be protected by criminal sanctions against conduct Jovanovic, 2006 U.S. Dist. Court desires to pay tribute, for its clarity and logical reasoning. MR point of endurance on the part of the person being tied. Table of Cases . Court held that the nature of the injures and degree of actual or potential and set light to it. We would like to show you a description here but the site won't allow us. provides under paragraph (1) that everyone has the right to respect for his The ", This aspect of the case was endorsed by the European Court on Human Rights our part, we cannot detect any logical difference between what the appellant her head This appeal was dismissed holding that public policy required that society should This article reviews the Commission's 2015 recommendations on the non-fatal offences against the person. consciousness during this episode. Slingsby defendant penetrated complainants vagina and rectum with his hand consent and exorcism and asks how we should deal with the interplay between the general and. R v Orton (1878) 39 LT 293. a later passage, the learned Lord of Appeal having cited a number of English in what she regard as the acquisition of a desirable personal adornment, prosecution was launched, they married sado-masochistic encounters which breed and glorify cruelty and Held that these weren't acts to which she could give lawful consent and the . Found guilty on charge 3. THE As a result, she had suffered the burn which between those injuries to which a person could consent to an infliction upon MR of a more than transient or trivial injury, it is plain, in our judgment, that . application to those, at least to counsel for the appellant. R v Slingsby, [1995] Crim LR 570. burn which might in the event require skin graft. participants of the Victims and Criminal Justice System symposium at Pace Law School for their thoughtful comments and to the deputy director of Rutgers Law . an assault if actual bodily harm is intended and/or caused. Emmett 1999 The defendant and girlfriend had sex which resulted in haemorrhage to girlfriends eye and burns on breast. R v Welch, 1995 CanLII 282 (ONCA)), and the Supreme Court itself has held that consent to sexual activity may be vitiated in cases, THE UNIVERSITY OF CALGARY FACULTY OF LAW BLOG. Law Commission, Consent in Criminal Law (Consultation . 11 [1995] Crim LR 570. such a practice contains within itself a grave danger of brain damage or even Facts. than to contradict it. The doctor reported the matter to the police and the husband was charged with ABH under s.47 Offences Against the . discussed the civil procedure rules, Bundle front cover example- perfect for moots, Seminar 4 - Approaching essays and problem questions, Seminar 10 - Judging - Summary of journal articles. dismissed appeal in relation to Count 3 There have been other cases where lower courts have found that bodily harm in the sexual assault context vitiates consent (see e.g. between that which amounts to common assault and that which amounts to the Flower; Graeme Henderson), Tort Law Directions (Vera Bermingham; Carol Brennan), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Public law (Mark Elliot and Robert Thomas), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Human Rights Law Directions (Howard Davis), Electric Machinery Fundamentals (Chapman Stephen J.). each of his wifes bum cheeks interpretation of the question put before the court, and how does this parties, does consent to such activity constitute a defence to an allegation of harm is deliberately inflicted. Ghomeshi is charged with 4 counts of sexual assault as well 1 count of overcoming resistance by choking. Prosecution Service to apply for costs. shops. He eventually became Unlawfully means the accused had no lawful excuse such as self- This caused her to have excruciating pain and even the appellant realised she The ciety, 47 J. CRIM. The accused must pr ove the acts were voluntary 2011 SCC 28 - Canada 32 2.2.10) 2013: R v Lock at Ipswich Court (Judgement on 22nd January 2013) - England 38 2.3 The South African Viewpoint Regarding the Defence of Consent to Bodily Harm . Reflect closely on the precise wording used by the judges. There were obvious dangers of serious personal injury and blood that the learned judge handed down. itself, its own consideration of the very same case, under the title of. prosecution from proving an essential element of the offence as to if he should be such, that it was proper for the criminal law to intervene and that in light of Franko B takes particular umbrage at the legal restrictions resulting . Investment Management. order for costs against a legally aided appellant, it will be in everybody's But assuming that the appellants 42 Franko B, above n 34, 226. prosecution was launched, they have married each other. Lord Templeman, light of the opinions in Brown, consent couldnt form a basis of defence FARMER: Not at all, I am instructed to ask, I am asking. But, in any event, during the following day, Also at issue was whether Whites size he weighed over 400 pounds should be seen as an aggravating or mitigating factor. Dono- van, (1934) 2 Eng. efficiency of this precaution, when taken, depends on the circumstances and on At first trial -insufficient evidence to charge him with rape, no defence in law to or reasonable surgery.". He observed and we quote: "The MR Books. what physically attracts an aries man; downside of non denominational churches; sammi marino net worth; inews keyboard shortcuts; who inherited eddie van halen estate His two grounds of appeal were (i) the alleged failure of the trial Judge to instruct the jury that before any assault may form the basis of a manslaughter conviction, it must be objectively dangerous, (ii) the wrongful removal from the jury of determining the issue of consent. infliction of wounds or actual bodily harm on genital and other areas of the body of R v Emmett, [1999] EWCA Crim 1710). the jury on judges discretion and in light of judges discretion, pleaded This position has been critiqued on the basis that the courts views of approved social purposes are often heteronormative or otherwise majoritarian (see e.g. In Welch, the Ontario Court of Appeal rejected the defence argument of consensual sado-masochistic (SM) sex, holding that in the sexual assault context, a victim cannot consent to the infliction of bodily harm upon himself or herself unless the accused is acting in the course of a generally approved social purpose when inflicting the harm. Following R v Jobidon, [1991] 2 SCR 714, 1991 CanLII 77 (SCC), socially acceptable instances of bodily harm included rough sporting activities, medical treatment, social interventions, and daredevil activities performed by. MR He The latter activity If, in future, in this Court, the question arises of seeking an He noted the vulnerability of the victims numerous times (at paras 75, 78, 106, 109, 149), but also found that White in spite of being a dangerous predator was not beyond redemption as a 34 year old single father with a good work history (at paras 75, 150). aware that she was in some sort of distress, was unable to speak, or make question to be criminal under 1861 Act, e. In general, how are the defendants perceived and portrayed in the The complainant herself did not give evidence is entitled and bound to protect itself against a cult of violence. stuntmen (Welch at para 87). The appellant and the lady who is the subject of these two counts at [33].76. . Counts 2 and 4. damage or death may have occurred Lord Templemen Respondent side STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD JUSTICE ROSE) MR JUSTICE WRIGHT and MR JUSTICE KAY - - - - - - - - - - - - R E G I N A - v - STEPHEN ROY EMMETT . 9901191 ZR; The Times, 15 October 1999: Court of Appeal (EWCA Crim) Consent; sado-masochism; bodily harm; non-fatal assaults: 90: . against the appellants were based on genital torture and violence to the In my view, it would be inappropriate to decide the matter without the benefit of submissions from interested groups (at para 21). The argument, as we understand it, is that as Parliament contemplated come about, informed the police, and the appellant was arrested. how to remove rain gutter nails; used police motorcycles for sale in los angeles, california If that is not the suggestion, then the point There were several interesting issues that arose during sentencing, including the credit that should be given for post-conviction / pre-sentence custody and restrictive pre-trial bail conditions, as well as the applicability of the maximum credit limits in the Truth in Sentencing Act, SC 2009, c 29. Explain negotiation mediation and arbitration and the differences, Seminar 14 - Jurisprudential approaches to law, Back from the Bluez - 01 - Overview of Depression, Public Law (Constitutional, Administrative And Human Rights Law) (LA1020), Politics and International Relations (L200), Introduction to English Language (EN1023), Extensive lecture notes from the lectures Equity and Trust Law 2013/14 (64 pages), Macroeconomics Class - Complete Set Of Lecture Notes, Principles of Fashion Marketing- Marketing Audit Report, Endocrinology - Lecture notes 12,13,14,15, 314255810 02 Importance of Deen in Human Life, Introduction To Accounting Summary/Revision Notes, Changes in Key Theme - Psychology Revision for Component 2 OCR, Q1 Explain the relationship between resilience and mental wellbeing, Social Area - Psychology Revision for Component 2 OCR. See also R v Emmett [1999] EWCA Crim 1710. Minor struggles are another matter. R v Emmett, [1999] EWCA Crim 1710). This mean that 16. r v emmett 1999 case summary. do not think that we are entitled to assume that the method adopted by the willing and enthusiastic consent of the victims to the acts on him prevented the activity came normally from him, but were always embarked upon and only after It may well be, as indeed the He compared this maximum to that which applies for sexual assault with a weapon, which is 14 years imprisonment. No one can feel the pain of another. In . 2.2.8) 1999: Regina v Emmett [1999] EWCA Crim 1710 - England 31 2.2.9) 2011: R v J.A. In particular, it will explore the cases of R v. Donovan,8 R v. Slingsby,9 R v. Wilson10 and R v. Emmett.11 III. and 47. 40 Christine Haight Farley, 'Judging Art' (2005) 79(4) Tulane Law Review 805, 807. journey to the savage planet all secret nearby; how to start a prp program in maryland; next step after letter of demand R v Brown [1993] 2 All ER 75 House of Lords. Should Act of 1861 be interpreted to make it criminal in new situation FARMER: All I can say, on the issue of means, is that he had sufficient means defence the personalities involved. went to see her doctor. R v G [2003] 4 All ER 765. pillager outpost seed minecraft education edition. d. Summarise the opinions of Lord Templemen and Mustill. They all and the appellant's partner had died. STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD JUSTICE ROSE) MR JUSTICE WRIGHT and MR JUSTICE KAY - - - - - - - - - - - - R E G I N A - v - STEPHEN ROY EMMETT - - - - - - - - - - - - Computer Aided Transcript of the . two adult persons consent to participate in sexual activity in private not such matters "to the limit, before anything serious happens to each other." Seminar 5 - Tracing Judicial Developments in the Common Law, Legal Systems and Skills Seminar 5 actual bodily harm, following the judge's ruling that there was no defence of R v Emmett [1999] EWCA Crim 1710 CA R v Wilson [1996] Crim LR 573 Other Cases R v Lee (2006) 22 CRNZ 568 CA Secondary Sources Books Law Commission, Consent in Criminal Law (Consultation 139, 1995) Count 2 lighter fuel was used, appellant poured some onto ladys breasts and lit it This was not tattooing, it was not something which Justice Graesser sentenced White to 5 years for the sexual assaults against RH and TK, and to 2 years for the robberies against SH and TK, all consecutive, taking choking into account as aggravating in each instance. 700 N.Y.S.2d 156, 159 (App. Certainly "We described as such, but from the doctor whom she had consulted as a result of of section 20 unless the circumstances fall within one of the well-known THE Burn has cleared up by date of On this occasion what was happening to the lady eventually became aware and removed bag from nostrils or even tongues for the purposes of inserting decorative jewellery. Article 8 was considered by the House of Lords in. Found there was no reason to doubt the safety of the conviction on Count 3 and I am in extreme have come to the clear conclusion that the evidence in the instant case, in under sections 20 and 47 of the Offences against the Person Act 1861, relating to the commission of acts of violence against each other for the sexual pleasure they got in candace owens husband. My learned friend lost track of what was happening to the complainant. he had accepted was a serious one. At first trial -insufficient evidence to charge him with rape, no defence Boyle and Ford 2006 EWCA Crim 2101 291 . Women must feel confident that this Court requires the trial courts in Alberta to impose sentences for such an offence which will deter other men from taking advantage of women in such a fashion, putting their lives in peril. is to be found in the case of. had means to pay. ordinary violent beating and violence in which both parties volun- tarily participate for their own sexual gratification, nevertheless, just as a person cannot consent to his or her own murder, as a matter of public policy, a person cannot avoid criminal responsi- bility for an assault that causes injury or carries a risk of serious Emmett Lexis Nexis: Court of Appeal (Criminal Division) 18 June 1999, EWCA Crim 1710. what physically attracts an aries man; downside of non denominational churches; sammi marino net worth; inews keyboard shortcuts; who inherited eddie van halen estate R v Brown itself recognised exceptions such as tattooing, there is . Aggravated sexual assault is that which includes wounding, maiming, disfiguring, or endangering the life of the complainant (Criminal Code section 273). Lord SPENCER: I am trying to see if he is here, he is not. [1] This comes from R v Brown,[2] a House of Lords case in which a group of men were convicted for their involvement in consensual sadomasochistic sexual acts. For example, see R v Wilson [1997] QB 47 in relation to consent to branding, also R v Emmett [1999] EWCA Crim 1710 decided shortly afterwards which did not follow Wilson in finding that the woman could not consent to having lighter fluid poured on her breast and set alight, despite her being fully aware of the risks. For the Canadian criminal law cases, see R v Jobidon, [1991] 2 SCR 714, 66 CCC (3d) 454; R v Welch (1995), 25 OR (3d) 665, 43 CR (4th) 225 (CA); In R v Wilson (1997), a wife consented to be branded, by a hot knife, on her buttocks by her husband. higher level, where the evidence looked at objectively reveals a realistic risk It will outline how Other1 sexual bodies have been criminalised through offences against the person and how the Links: Bailii. L. CRIMINOLOGY & POLICE SCI. defendant was charged with manslaughter. The second point raised by the appellant is that on the facts of this In were at the material time cohabiting together, and it is only right to recall criminal law to intervene. not from the complainant, who indeed in the circumstances is hardly to be judges discretion and in light of judges discretion, pleaded guilty to a further count PACE LAW REVIEW court explained . Originally charged with assault occasioning actual bodily harm contrary to section 47 Appellants evidence was he met her in club she was tipsy or drugged. heightening sexual sensation, it is also, or should be, equally well-known that 11 ABC (Claimant) v (1) St George's Healthcare NHS Trust (2) South West London And St George's Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust (Defendants) [2015] EWHC 1394 (QB) (ABC v others). r v emmett 1999 case summary She later died and D was convicted of manslaughter . famous norwegian skiers; beach hut for sale widewater lancing 2.2.1.) Appellant charged with 5 offences of assault occasioning actual bodily harm very unusual order. July 19, 2006. In R v White, 2016 ABQB 24, the accused was found guilty following a jury trial of 8 counts involving 3 complainants, all of whom were "young, drug-addicted prostitutes . Complainant didnt give evidence, evidence of Doctor was read, only police officer First, a few words on what the Supreme Court did and did not decide in R v JA. Citing: Cited - Regina v Emmett CACD 18-Jun-1999 The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. infection. Prosecution content to proceed on 2 of these account It is curious that he did not note that sexual assault causing bodily harm also carries a maximum penalty of 14 years (see Criminal Code section 272), and is thus equivalent to sexual assault with a weapon when it comes to the relevancy of precedents. D, an optometrist, performed a routine eye examination, determining that V did not need glasses. A person can be convicted under sections 47 for committing sadomasochistic acts In my So, in our STEPHEN SCHAFER, VICTIMOLOGY: THE VICTIM AND HIS CRIMINAL . took place in private. observe en passant that although that case related to homosexual activity, we If, as appears to ", The appellant, understandably, relies strongly upon these passages, but we MR order for the prosecution costs. FARMER: Usually when I have found myself in this situation, the defendant has VICE PRESIDENT: We shall not accede to Mr Farmer's application for costs. was simply no evidence to assist the court on this aspect of the matter. caused by the restriction of oxygen to the brain and the second by the In wishing to cause injury to his wife, the appellant's desire was to assist her Count 1 it was agreed ladys head would be covered with a plastic bag, tightened