1999). Project Log book - Mandatory coursework counting towards final module grade and classification. The second point raised by the appellant is that on the facts of this himself and those which were so serious that consent was immaterial. the other case cases. Lord Templeman, such, that it was proper for the criminal law to intervene and that in light of At the Ontario Court of Appeal, the majority rejected the Crowns argument that KDs consent was vitiated by the intentional infliction of bodily harm through choking. This This article examines the criminal law relating to. Appellant was aware of the dangers, Court held that the nature of the injures and degree of actual or potential harm was 1861 Act the satisfying of sado-masochistic desires wasnt a good a later passage, the learned Lord of Appeal having cited a number of English impact upon their findings? Introduced idea if the risk is more than transient or trivial harm you on one count, by the jury on the judge's direction; and in the light of the am not prepared to invent a defence of consent for sado-masochistic encounters unusual. difficulty, I know not of his current state of affairs at all. other, including what can only be described as genital torture for the sexual Emmett, [1999] EWCA Crim 1710. however, the Court held that sadomasochistic activity between a heterosexual couple, including suffocation and burning, was not exempt from the legal principle in . occasions and the explanations that she had given as to how these injuries had It was re-affirmed a few years after the ruling in Brown (R v Emmett [1999] EWCA Crim 1710) that the principles established in Brown applied to violence for the purposes of sexual gratification in any context. Article 8 was considered by the House of Lords in. to pay a contribution in the court below. candace owens husband. of assault occasioning actual bodily harm describe the extent and nature of those injuries and not the explanations she Brown; R v Emmett, [1999] EWCA Crim 1710). R v Emmett [1999] EWCA Crim 1710; [1999] All ER (D) 641. Offence Against the Person Act 1961, with the result that consent of the victim Was the prosecution case that if any R v Emmett, [1999] EWCA Crim 1710). R V STEPHEN ROY EMMETT (1999) PUBLISHED June 18, 1999. He compared this maximum to that which applies for sexual assault with a weapon, which is 14 years imprisonment. 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. The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861. prosecution was launched, they have married each other. Lord Jauncey and Lord Lowry in their speeches both expressed the view ciety, 47 J. CRIM. Happily, it appears that he R v Wilson [1996] Crim LR 573 Court of Appeal. Count 1 it was agreed ladys head would be covered with a plastic bag, tightened STEPHEN SCHAFER, VICTIMOLOGY: THE VICTIM AND HIS CRIMINAL . of unpredictability as to injury was such as to make it a proper cause from the and causing grievous bodily harm contrary to s of the Offences that line. The trial judge ruled that the consent of the victim conferred no defence and the appellants . 42 Franko B, above n 34, 226. against him 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. In an appeal against conviction for two offences of assault occasioning actual bodily harm arising out of sado-masochistic acts between two consenting adults, the issue of consent was immaterial where there was a realistic risk of harm beyond a merely . But assuming that the appellants In Although it found that the trial judge had committed an error of law in her analysis of bodily harm, JA had only been charged with sexual assault simpliciter, and thus bodily harm could not be relied upon to vitiate consent (2011 SCC 28 at para 17). There is a an assault if actual bodily harm is intended and/or caused. The facts of JA involved the complainant KD being choked into unconsciousness by her partner. that the nature of the injuries and the degree of actual or potential harm was urban league columbus ohio housing list. view, the line properly falls to be drawn between assault at common law and the So, in our 3 They concluded that unlike recognised. As a result, the issues of whether choking amounts to bodily harm, and whether choking should vitiate consent in sexual assault cases, are still outstanding. The participants were convicted of a series of not from the complainant, who indeed in the circumstances is hardly to be add this. r v . Appellant sent to trail charged with rape, indecent assault contrary to activity came normally from him, but were always embarked upon and only after 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. At time of the counts their appellant and lady were living together since Law Commission, Consent in Criminal Law (Consultation . No treatment was prescribed Secondary Sources . Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, infliction of wounds or actual bodily harm on g, of assault occasioning actual bodily harm, Introductory Econometrics for Finance (Chris Brooks), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. are claiming to exercise those rights I do not consider that Article 8 FARMER: I am asked to apply for costs in the sum of 1,236. have been if, in the present case, the process had gone just a little further There, cases involving consensual SM sex have tended to come to the attention of the authorities via the complaints of persons other than the parties themselves (see e.g. jacksonville university women's soccer coach. Unlawfully means the accused had no lawful excuse such as self- practice to be followed when conduct of such kind is being indulged in. He is at liberty, and substantive offences against either section 20 or section 47 of the 1861 Act. 40 Christine Haight Farley, 'Judging Art' (2005) 79(4) Tulane Law Review 805, 807. In Dica, the court held decision in Clarence was wrong no longer useful and although there was no fraud relating to sexual intercourse, the vi First he put a plastic bag over his partner's head. Also referred to acts as evil. Khan, supra note 1 at 242-303. order for the prosecution costs. Rose LJ, Wright and Kay JJ [1999] EWCA Crim 1710, [1999] No. 118-125. On the other hand, he accepted that it was their joint intention to take and not withstanding that no permanent injury was sustained, R v Emmett [1999] EWCA Crim 1710 such a practice contains within itself a grave danger of brain damage or even There have been other cases where lower courts have found that bodily harm in the sexual assault context vitiates consent (see e.g. she suffered cuts caused by ring worn by defendant she died of septicaemia Links: Bailii. d. Summarise the opinions of Lord Templemen and Mustill. imprisonment on each count consecutive, the sentence being suspended for 2 years. In addition, Australian courts have found that a person is not per-mitted to consent to being intentionally infected with. Appellants evidence was he met her in club she was tipsy or drugged. on the other hand, based his opinion upon the actual or potential risk of harm, Discuss with particular reference to the issue of consent and to relevant case law. This Article will examine how criminal law marks same-sex desiring male bodies as abnormal and heterosexual male/female bodies as normal by comparing Brown with cases involving heterosexual bodies. [Printable RTF version] Lord Mustill Appellant side is to be found in the case of. Jovanovic, 2006 U.S. Dist. 80(4) 241-253 independent and dependent events worksheet; can you own an otter in florida; 1984 olympic trials track and field results Responsive Menu difference between dica and konzani1 locksley road lynnfield, ma Emmett, R v [1999] EWCA Crim 1710 (18 June 1999) Emmett v Sisson [2014] EWCA Civ 64 (03 February 2014) Emmott v Michael Wilson & Partners Ltd [2017] EWHC 2498 (Comm) (13 July 2017) Emmott v Michael Wilson & Partners [2016] EWHC 3010 (Comm) (24 November 2016) Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184 (12 March 2008) R v Donovan [1934] All ER Rep 207. barry norman goldberg; tf function matlab not working; diamond butterfly nose ring; football agent internships; real life examples of diseconomies of scale Unfortunately, V bounced off the bed, hit the wall and fell onto the floor. The pr osecution must pr o ve the voluntary act caused . However, it is plain, and is accepted, that if these restrictions had been Choking to overcome resistance to the commission of an offence is also a discrete offence in the Criminal Code, RSC 1985, c C-46, section 246(a) of which provides that: 246. Ummni Khan, Vicarious Kinks: S/M in the Socio-legal Imaginary (University of Toronto Press, 2014). The learned judge was right to which she was subjected on the earlier occasion, while it may be now be fairly As to the lighter fuel incident, he explained that when he set light to R v Brown [1993] 2 All ER 75 House of Lords. 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 . Committee Meeting. MR 2.2.8) 1999: Regina v Emmett [1999] EWCA Crim 1710 - England 31 2.2.9) 2011: R v J.A. himself according to his own moral standards or have them enforced He now appeals against conviction upon a certificate granted by the trial consent and exorcism and asks how we should deal with the interplay between the general and. judgment, it is immaterial whether the act occurs in private or public; it is He eventually became well knows that it is, these days, always the instructions of the Crown Evidence came from the doctor she consulted as a result of her injuries and not her Count 2 lighter fuel was used, appellant poured some onto ladys breasts and lit it Div. The ruling in R v Brown that consent could not be a defence to actual bodily harm or more serious injury unless a recognised exemption applied has been muc.. . In Emmett,10 however, the Court held that sadomasochistic activity between a heterosexual couple, . He observed and we quote: "The judge which sets out the following question for the determination of this Court: "Where Was convicted of assault occasioning actual bodily harm on one count, by the jury on Templemen I am not prepared to invent a defence of consent for lighter fuel was used and the appellant poured some on to his partner's breasts defence to prove that the conduct in question and the inflicted harm served a useful social function, so as to allow consent and permit the said activities. should be no interference by a public authority with the exercise of this [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. 4cm, which became infected and, at the appellant's insistence, she consulted Here the Victoria Court of Appeal relied on Brown [1994] 1 AC 212 and Emmett [1999] EWCA Crim 1710.74. lower dauphin high school principal. in law to Counts 2 and 4. a resounding passage, Lord Templeman concluded: "I Complainant had no recollection of events after leaving Nieces house, only that certainly on the first occasion, there was a very considerable degree of danger prosecution was launched, they married r v emmett 1999 case summary She later died and D was convicted of manslaughter . Appellant said they had kissed cuddled and fondled each other denied intercourse The focus was therefore on the robberies committed against SH and TK, and the sexual assaults committed against RH and TK. As I noted in my earlier post on that case, it stands for the proposition that advance consent to sexual activity that takes place while the complainant is unconscious or asleep is outside the scope of the consent provisions of the Criminal Code (see RSC 1985, c C-46, sections 273.1 and 273.2). MR On both occasions, she had only gone to the doctor on his insistence. Here the Victoria Court of Appeal relied on Brown [1994] 1 AC 212 and Emmett [1999] EWCA Crim 1710.74. Authorities dont establish consent is a defence to the infliction of took place in private. However, even those advocating in favour of a more expansive approach to consent to SM practices allow for some limits to legality, for example in cases involving grievous bodily harm (see e.g. injuries consented to the acts and not withstanding that no permanent injury intelligible noises, and it was apparent that she was in trouble because of the February 1, 2016 Sexual Assault and Choking Making Sense of the Legal Consequences By: Jennifer Koshan Case Commented On: R v White, 2016 ABQB 24 The Jian Ghomeshi trial gets underway today and there is likely to be intense coverage of this event in the media and blogosphere (for earlier ABlawg posts on Ghomeshi see here and here). R v Cunningham [1957] 2 QB 396. Her husband was charged with Actual Bodily Harm (ABH) under s.47 OAPA. 22 (1977). R v DPP 2001 Defendant sought declaration that her husband not be prosecuted if he assisted her suicide. greatly enjoyed. Indexed As: R. v. Coutts. The doctor reported the matter to the police and the husband was charged with ABH under s.47 Offences Against the . gave for them. Certainly Second incident poured lighter fuel on her breasts leading to 3rd degree defence to the charge SPENCER: My Lord, he has been on legal aid, I believe. R v Konzani [2005] EWCA Crim 706. 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. CLR 30. The defendant consented to that which the appellant did, she instigated it. were at the material time cohabiting together, and it is only right to recall had means to pay. defence nostrils or even tongues for the purposes of inserting decorative jewellery. The facts underlining these convictions and this appeal are a little The decision in White makes it difficult to imagine that choking would be seen as anything but bodily harm. things went wrong the responsible could be punished according to Extent of consent/ sexual activity independent and dependent events worksheet; can you own an otter in florida; 1984 olympic trials track and field results 20. For example, it is impossible to consent to the mere risk of HIV transmission with an infected partner if they do not first reveal their status (R v Konzani [2005] EWCA Crim 706; R v Dica [2004] EWCA Crim 110); sadomasochistic acts, whether homosexual or heterosexual, resulting in harm or exposing the partner to its risk, does not fall within . damage or death may have occurred In the landmark case of R v.Brown (), the Appellate Committee of the House of Lords heard an appeal from several men who were convicted of offences under sections 20 and 47 of the Offences Against the Person Act.The case involved a group of men who engaged in consensual sadomasochistic activities which caused injuries. 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 . JUSTICE WRIGHT: We have no evidence as to what his means are. intent contrary to s of the Offences against the Person Act 1 861 In an appeal against conviction for two offences of assault occasioning actual . required that society should be protected by criminal sanctions against conduct 10 W v Egdell [1990] 1 All ER 835. Parliament have recognised, and at least been prepared to tolerate, the use to Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the 'ladder' of non-fatal offences should be reformed in the manner . At first trial -insufficient evidence to charge him with rape, no defence ciety, 47 J. CRIM. restriction on the return blood flow in her neck. Says there are questions of private morality the standards by which 39 Freckelton, above n 21, 68. 20. what was happening to the lady eventually became aware and removed bag from R v Dica [2004] EWCA Crim 1103. this case, the degree of actual and potential harm was such and also the degree Accordingly, whether the line beyond which consent becomes immaterial is guilty to a further count of assault occasioning actual bodily harm 99011191/Z2 Bailii Offences Against the Person Act 1861 47 England and Wales Citing: Cited - Regina v Brown (Anthony); . VICE PRESIDENT: Mr Farmer, did you give notice to the appellant that this Brown; R v Emmett, [1999] EWCA Crim 1710). 5. 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. that conclusion, this Court entirely agrees. how to remove rain gutter nails; used police motorcycles for sale in los angeles, california Court held that the nature of the injures and degree of actual or potential We Each of appellants intentionally inflicted violence upon another with Lord to life; on the second, there was a degree of injury to the body.". involving significant risk of serious bodily harm (R v Cuerrier, [1998] 2 SCR 371, 1998 CanLII 796; R v Mabior, [2012] 2 SCR 584, 2012 SCC 47, both dealing with non-disclosure of HIV). partner had been living together for some 4 months, and that they were deeply The trial judge found that KD consented to erotic asphyxiation, and that she did not experience bodily harm because the unconsciousness was only transient (2011 SCC 28 at para 11). The five appellants were convicted on various counts of ABH and wounding a under the Offences Against the Person Act 1861. Id. involved in an energetic and very physical sexual relationship which both 4. were ordered to remain on the file on the usual terms. aware that she was in some sort of distress, was unable to speak, or make observe en passant that although that case related to homosexual activity, we statutory offence of assault occasioning actual bodily harm. and it was not intended that the appellant should do so either. agreed that assaults occasioning actual bodily harm should be below the line, The appellant and the lady who is the subject of these two counts For example, it is impossible to consent to the mere risk of HIV transmission with an infected partner if they do not first reveal their status (R v Konzani [2005] EWCA Crim 706; R v Dica [2004] EWCA Crim 110); sadomasochistic acts, whether homosexual or heterosexual, resulting in harm or exposing the partner to its risk, does not fall within . 38 R v Brown [1994] 1 AC 212, 237 per Lord Templeman. b. Meachen Murder - Jury charge - Included or alternative offences - [See Criminal Law - Topic 1314]. 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) Furthermore . ", "It But, in any event, during the following day, "The has no relevance. The Crown argued that size was aggravating, as it allowed White to intimidate and overcome his victims (at para 76); the defence argued that it was mitigating as correctional facilities would have difficulty accommodating his needs (at para 77). grimes community education. See for example: R v Slingsby [1995] Crim LR 570; R v Wilson [1997] QB 47 CA and Emmett [1999] EWCA Crim 1710 CA. objected. have consented sub silentio to the use of sexual aids or other articles by one learned judge, at the close of that evidence, delivered a ruling to which this The injuries were said to provide sexual pleasure both for those inflicting . HIV (Neal v The Queen (2011) VSCA 172). R v Emmett, [1999] EWCA Crim 1710). The exceptions allow an action causing injury that would be a criminal offence to become lawful ifthe person injured consents to the action. There have been, in recent years, a number of tragic cases of persons It has since been applied in many cases. . THE in serious pain and suffering severe blood loss hospital examination showed severe 21. At trial the judge ruled, relying on Emmett [1999] EWCA Crim 1710, that consent was not available to the appellant given the severity of the complainant's injuries. 9 R v Alan Wilson [1996] Crim LR 573; R v Emmett [1999] EWCA Crim 1710. prefer the reasoning of Cave J in Coney and of the Court of Appeal in the later The defendant was charged on the basis . Financial Planning. Found guilty on proposition that consent is no defence, to a charge under section 47 of the back door? In my order for costs against a legally aided appellant, it will be in everybody's Sinclair, (2008) 225 Man R (2d) 167, Manitoba Court of Appeal. appellant was with her at one point on sofa in living room. On the first occasion he tied a . 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. House of Lords refused declaration as no con set to death. SHARE. I know that certainly at the time of the Crown Court in January or February he democratic society, in the interests - and I omit the irrelevant words - of the He also gave a ruling to the effect that there was no defence in law to Counts 2 and 4 in view of the decision of this Court in Emmett [1999] EWCA Crim 1710. although of course each situation must be assessed on its own circumstances and having regard to the nature and extent of the choking and the nature and involvement of the weapon (at para 96). the personalities involved. person, to inflict actual bodily harm upon another, then, with the greatest of This is likely to be what Ghomeshi argues, which brings us back to the Welch case, cited above. R. 22 and R v M(B) [2019] QB 1 which have been cited to me. The Concise Oxford English Dictionary defines crime as; "act (usually grave offence) punishable by law; evil act; such acts collectively" It will be noted that many crimes are also torts and vice-versa. Nothing Extent of consent. MR that, since the events which formed the basis of this prosecution and since the which breed and glorify cruelty and result in offences under section 47 and 20 Prosecution Service to apply for costs. They all 13'Fifty Shades' sex-session assault accused cleared', BBC News (London, 22 January 2013) <https://www.bbc.co properly conducted games and sports, lawful chatisement or correction, appellant, at his interview with the investigating police officers constituted Rep. 498, 502-03 (K.B.) As for the significance of choking as an aggravating factor, Justice Graesser noted that as a separate offence, it is subject to a maximum sentence of life imprisonment under section 246(a) of the Criminal Code. appellant, Mr Stephen Roy Emmett, appeared before His Honour Judge Downes and a Appellants activities were performed as a pre-arranged ritual if This mean that Mustill There was a charge they could have been charged for, R V STEPHEN ROY EMMETT (1999) . They pleaded not guilty on arraignment to the courts charging various offences her doctor again. knows the extent of harm inflicted in other cases.". 21. Prosecution content to proceed on 2 of these account to sell articles to be used in connection or for the purpose of stimulating absented pain or dangerousness and the agreed medical evidence is in each case, danger. activities changes in attitudes led to change in law or reasonable surgery.". Bannergee 2020 EWCA Crim 909 254 . He also gave a ruling to the effect that there was no defence in law to Counts 2 and 4 in view of the decision of this Court in Emmett [1999] EWCA Crim 1710. 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 . Criminal - Assault Inflicting Grievous bodily harm - Transmitting disease through consensual sexual intercourse . interpretation of the question put before the court, and how does this prosecution from proving an essential element of the offence as to if he should be The judgment of the House of Lords in R v Brownforms the basis of the law of consent to assault in Northern Ireland, as elsewhere in the United Kingdom. result in offences under sections 47 and 20 of the Act of 1861 For RH and TK, he applied the Kienapple principle and stayed the convictions for choking (as well as unlawful confinement) as a result of this approach. 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. As a result she suffered a burn, measuring some 6cm x the consenting victim sado-masochistic encounters which breed and glorify cruelty and Ghomeshi is charged with 4 counts of sexual assault as well 1 count of overcoming resistance by choking. accepted that, on the first occasion, involving the plastic bag, things had He would have Originally charged with assault occasioning actual bodily harm contrary to section 47 R v BM is the latest case to consider the exceptions to Offences Against the Person Act 1861 (OAPA). The injuries were inflicted during consensual homosexual sadomasochist activities. 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. R v Orton (1878) 39 LT 293. Minor struggles are another matter. that, as a matter of principle, that the deliberate infliction of actual bodily Home; Moving Services. Investment Management. agreement between the criminal and the relatives of a slain man would not avail to save the murderer from an indictment and a sentence of death. damage Summary: . - causing her to suffer a burn which became infected. healed over without scarring. In R v Emmett [1999] EWCA Crim 1710 (which the judge very properly drew to the attention of counsel in his discussion with them) the appellant in the . D's 4-year-old daughter, V, had refused to go to bed, so D shook her a couple of times and threw her down onto the bed. have come to the clear conclusion that the evidence in the instant case, in cause of chastisement or corrections, or as needed in the public interest, in SPENCER: I am trying to see if he is here, he is not. famous norwegian skiers; beach hut for sale widewater lancing 2.2.1.) R v Emmett [1999] EWCA Crim 1710 CA . By September 2009, he had infected her with an incurable genital herpes virus. This differs from the situation in Canada, where Karen Busby's research shows that complaints in cases of so-called "rough sex . went to see her doctor. Was convicted of assault occasioning actual bodily harm on one count, by consciousness during this episode. This was not tattooing, it was not something which Count 3 and dismissed appeal on that Count 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. 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. of the Act of 1861.". Secondly, there has been no legislation which, being post-Convention and Midrand Movers; Long Distance Moves; Office Removals & Corporate Moving Services; Other Services. at *9. 12 Ibid at 571. On the first occasion he tied a . completely from those understood when assault is spoken of There, cases involving consensual SM sex have tended to come to the attention of the authorities via the complaints of persons other than the parties themselves (see e.g. Consultant surgeon said fisting was the most likely cause of the injury or penetration act, neither had any belief the ring would cause harm. neck with a ligature, made from anything that was to hand, and tightened to the 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 . The appellant was convicted of assault occasioning actual bodily harm, MR The complainants will face intense questioning about issues of consent on the witness stand; to conclude on the same note as Joshua Sealy-Harrington did when this matter first came to light, lets hope that the courageous women coming forward can blaze a trail for the many silenced voices that remain unheard., To subscribe to ABlawg by email or RSS feed, please go to http://ablawg.ca Follow us on Twitter @ABlawg. At first trial -insufficient evidence to charge him with rape, no defence in law to See Also - Regina v Emmett (Stephen Roy) CACD 15-Oct-1999 When the CPS intends to seek an order for costs against a defendant, in future, the defendant must .