Key Point
- Unforeseen physical injury resulting from consensual sexual activity is not criminal since there is no underlying assault or unlawful act
Facts
- D penetrated V’s vagina and rectum with his fingers, accidentally cutting her with his signet ring
- V developed septicaemia and later died.
- D was convicted of manslaughter and under ss. 20 and 47 of the OAPA.
Held (High Court)
- Appeal allowed – conviction quashed
Judge J
- The activity of inserting fingers into the vagina and rectum was not an assault and not an unlawful act where consent had been obtained
- It is contrary to principle to convict D of manslaughter where an unforeseen and unintended injury had occurred
Commentary
- In contrast to Brown, the obvious difference is that in Brown the very intention of the acts of the defendants was to inflict degrading violence on the victim
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