common law has grafted a number of exceptions to legitimise the infliction of really serious injury (at para.
The Court R v Brown [1994] 1 AC 212 is a case most law students could tell you the facts of even years after graduating, so remarkable are they.
Consultant and a Consultant Plastic Surgeon (paras. Previous Previous post: Booker Industries v Wilson Parking (Qld) (1982) 149 CLR 600 Next Next post: Cohen v Cohen (1929) 42 CLR 91 Keep up to date with Law Case Summaries! The procedures performed by BM were assessed by medical experts, who testified to the Court of Appeal that each procedure was performed to an acceptable standard. ( Log Out / Taking The scenario is followed by 8 discussion questions which can easily be used for class discussion or assigned as homework to an academically focused group. Counsel further argued that body modification was ‘a natural In 1 AC 212 constrained him to rule that consent was no defence.” ([1997] QB. decision in Wilson as it held that engagement and that the safety of the fighters and probity of the combat is under section 3 of the Non-Fatal Offences Against the Person Act 1997. Therefore the drycleaner was liable for negligence. of Mr Lott’s ear were shown to the Consultant Plastic Surgeon who accepted the procedure distinguishing feature between BM’s licenced shop and an operating theatre insufficient reason to justify the encroachment of the criminal law into consent. Click the button below for options. that he was aware of the risks involved and had decided to have the procedure The men argued that there could be no offence if the parties involved is interesting.
parental chastisement (([1994] AC 212, 245 A). He lamented how the majority was appearing to use ‘repugnance and moral objection’ to create a new crime. However, it must be noted that the job of judges – particularly the senior members of the judiciary – is not just to look at the facts of the case in isolation; they must also have consideration of the potential wider public and social effect of their decisions. Sportspersons consent to the reasonably or
14). 47, 50).
public policy. login to your account, Made with favorite_border by Webstroke- © All rights reserved, A v Roman Catholic Diocese of Wellington [2008, New Zealand], A v Secretary of State for Home Affairs (No. The Court of Appeal overturned Alternatively, click the button below for our various RSS Feeds (available journal wide, or per section). bodily harm under section 18 of the Offences Against the Person Act 1861 and Thus, it does not require a great leap of the imagination to recognise the potential harm that can be done by those with none or relatively little medical training performing such invasive and potentially life-altering procedures. The issue of Body Dysmorphic Disorder (BDD), Even though the customers had consented, the Court questioned 06:0007:0008:0009:0010:0011:0012:0013:0014:0015:0016:0017:0018:0019:0020:0021:0022:00. It was also observed that consensual activity between a husband and wife in the privacy of the matrimonial home was not a matter for the courts, reasoning which appeared to drawn inspiration Lord Mustill’s dissenting judgment in R v Brown [1994]. Provocation in Ireland: is there still a defence for the defence?
Brown ([1994] 1 AC 212). Free resources to assist you with your legal studies!
bodily harm or more serious harm. Accordingly we take the view that the judge failed Change ), You are commenting using your Google account.
44). Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. to public policy. of England and Wales, dealt with the issue of the defence of consent in A male A tattooist will not carry out a mental health evaluation on the customer
R v Brown [1985] Crim LR 212. (at para.
proffered that Brown should be BM, or -- Download Causer v Brown [1952] VLR 1 as PDF --, Booker Industries v Wilson Parking (Qld) (1982) 149 CLR 600, Download Causer v Brown [1952] VLR 1 as PDF, The Plaintiff dropped off their clothing at a drycleaner, They received a ticket to pick up the items, The Plaintiff tried to sue the drycleaner, but they relied on the fact that the ticket stated that they accepted no liability. 2) [1994], R v International Stock Exchange of the UK and RoI, ex p Else (1982) Ltd [1993], R v Kent Police Authority, ex p Godden [1971], R v Leicester City Justices, ex p Barrow [1991], R v Lord President of the Privy Council, ex p Page [1993], R v Metropolitan Police Commissioner, ex p Blackburn [1968], R v North & East Devon Health Authority, ex p Coughlan [2003], R v Panel on Take-Overs and Mergers, ex p Datafin [1987], R v Port of London Authority, ex p Kynoch [1919], R v Race Relations Board, ex p Selvarajan [1975], R v Secretary of State for Defence, ex p Smith [1996], R v Secretary of State for Employment ex parte Equal Opportunities Commission [1994], R v Secretary of State for Foreign Affairs ex parte Everett [1989], R v Secretary of State for Foreign Affairs, ex p Lord Rees-Mogg [1994], R v Secretary of State for Foreign Affairs, ex p World Development Movement [1995], R v Secretary of State for Home Affairs ex parte Birdi [1975], R v Secretary of State for the Environment, ex p Kirkstall Valley Campaign Ltd [1996], R v Secretary of State for the Environment, ex p Nottinghamshire County Council [1986], R v Secretary of State for the Environment, ex p Ostler [1977], R v Secretary of State for the Environment, ex p Rose Theatre Trust Co Ltd [1990], R v Secretary of State for the Home Department ex parte Brind [1991], R v Secretary of State for the Home Department, ex p Brind [1991], R v Secretary of State for the Home Department, ex p Cheblak [1991], R v Secretary of State for the Home Department, ex p Herbage [1986], R v Secretary of State for the Home Department, ex p Oladeinde [1991], R v Secretary of State for the Home Department, ex p Swati [1986], R v Secretary of State for Transport, ex p Pegasus Holdings [1989], R v Sevenoaks District Council, ex p Terry [1985], R v Somerset County Council, ex p Fewings [1995], R v West London Coroner, ex p Dallagio [1994], R&B Customs Brokers v United Dominions Trust [1988], Raissi v Commissioner of Police of The Metropolis [2008], Re Buchanan-Wollaston’s Conveyance [1939], Re Organ Retention Group Litigation [2005], Ready Mixed Concrete Ltd v Minister for National Insurance and Pensions [1968], Rees v Darlington Memorial Hospital [2003], Rigby v Chief Constable of Northamptonshire Police [1985], Robb v Hammersmith and Fulham London Borough Council [1991], Roberts v Chief Constable of Cheshire Police [1999], Rockland Industries v Amerada Minerals Corp of Canada [1980], Rose and Frank Co v Crompton & Bros [1924], Rothwell v Chemical & Insulating Co [2008], Rouf v Tragus Holdings & Cafe Rouge [2009], Sainsbury’s Supermarkets v Olympia Homes [2006], Silven Properties v Royal Bank v Scotland [2004], Siu Yin Kwan v Eastern Insurance Co [1994], Smith and Snipes Hall Farm v River Douglas Catchment Board [1949], Smith v Chief Constable of Sussex Police [2008], Smith v East Elloe Rural District Council [1956], Smith v Land & House Property Corp [1884], Smith v Littlewoods Organisation Ltd [1987], South Pacific Manufacturing Co Ltd v NZ Security Consultants [1992, New Zealand], Sovmots Investments v SS Environment [1979], Spartan Steel & Alloys Ltd v Martin & Co [1973], St Albans City & DC v International Computers [1996], St Edmundsbury and Ipswitch Diocesan Board of Finance v Clark (No 2) [1975], Standard Chartered Bank v Pakistan National Shipping Corporation [2002], Steed v Secretary of State for the Home Department [2002], Stockholm Finance v Garden Holdings [1995], Stockton Borough Council v British Gas Plc [1993], Suncorp Insurance and Finance v Milano Assicurazioni [1993], Sutradhar v Natural Environment Research Council [2004], Swift Investments v Combined English Stores Group [1989], Tamplin Steamship v Anglo-Mexican Petroleum [1916], Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd, Taylor v Chief Constable of Thames Valley Police [2004], Teheran-Europe v ST Belton (Tractors) [1968], The Queen v Beckford [1988, Privy Council, Jamaica], Tilden Rent-A-Car Co v Clendenning [1978, Canada], Titchener v British Railways Board [1983], Tomlinson v Congleton Borough Council [2003], Trevor Ivory Ltd v Anderson [1992, New Zealand], Trim v North Dorset District Council [2011], Universe Tankships of Monrovia v International Transport Workers Federation [1983], Van Colle v Chief Constable of Hertfordshire Police [2008], Vernon Knight Association v Cornwall County Council [2013], Verschures Creameries v Hull and Netherlands Steamship Co [1921], Victoria Laundry v Newman Industries [1949], Victorian Railways Commissioner v Coultas [1888], Videan v British Transport Commission [1963], Walker v Northumberland City Council [1994], Walters v North Glamorgan NHS Trust [2003], Wandsworth London Borough Council v Railtrak Plc [2002], Wandsworth London Borough Council v Winder [1985], Watson v British Boxing Board of Control [2001], Weller v Foot and Mouth Disease Research Institute [1966], West Bromwich Albion Football Club v El-Safty [2006], William Sindall v Cambridgeshire Country Council, Williams v Natural Life Health Foods Ltd [1998], Wilsher v Essex Area Health Authority [1988], Winter Garden Theatre (London) v Millennium Productions [1948], Woodar Investments v Wimpy Construction [1980], ZH v Commissioner of Police of the Metropolis [2013], The defendants engaged themselves in sadomasochistic acts resulting in the infliction of actual (ABH) and grievous bodily harm (GBH), Although none of the participants in the encounter reported anything to the police, the Crown Prosecution Service acted upon a video of the encounter.
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