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Case analysis Brown v Wilson and consent
LAW5001 - Principles of Criminal Law and Procedure
4 Found helpful • 10 Pages • Essays / Projects • Year: Pre-2021
This essay discusses the application of consent as a defence to inflict bodily harm in English and Victorian case law. It proposes the level of harm inflicted in R v Wilson and identified exceptions may be higher than those inflicted in R v Brown. Therefore, sadomasochistic acts cannot be distinguished from known exceptions or in the case of Wilson. In addition, it submits the courts inconsistent application of consent regarding the infliction of pain is tied to a perception of immoral or deviant behaviour. Furthermore, it proposes consent is a justifiable lawful excuse to harm in any consensual act done in private because people are autonomous. Therefore, the law should not interfere or criminalise consensual activities done in private, regardless of the level of harm inflicted.
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