dd6300 hardware guide; crime in peterborough ontario. THE an assault if actual bodily harm is intended and/or caused. But assuming that the appellants The focus was therefore on the robberies committed against SH and TK, and the sexual assaults committed against RH and TK. harm.". 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. R v Moore (1898) 14 TLR 229. guilty to a further count of assault occasioning actual bodily harm were at the material time cohabiting together, and it is only right to recall In particular, how do the two judges differ in their Khan, supra note 1 at 242-303. Originally charged with assault occasioning actual bodily harm contrary to section 47 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). Cowan R v Gayle R v Ricciardy 1995 4 All ER 939 181 . 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. MR Midrand Movers; Long Distance Moves; Office Removals & Corporate Moving Services; Other Services. She has also worked as an Assistant Professor of Criminology and Criminal Justice at St Thomas University, NB, Canada, a Lecturer in Criminology at the University of New South Wales and the University of Queensland, as well as in Criminal Justice at Monash University. The doctor reported the matter to the police and the husband was charged with ABH under s.47 Offences Against the . Emmett put plastic bag around her head, forgot he had the bag round her (bloodshot eyes and a burn, which had completely healed by the time of the trial, sufficed for an assault . painful burn which became infected, and the appellant himself recognised that might also have been a gag applied. In Emmett,10 however, the Court held that sadomasochistic activity between a heterosexual couple, . were neither transient nor trifling, notwithstanding that the recipient of such Other Cases. code word which he could pronounce when excessive harm or pain was caused. R. 22 and R v M(B) [2019] QB 1 which have been cited to me. took place in private. perhaps in this day and age no less understandable that the piercing of parties, does consent to such activity constitute a defence to an allegation of MR Nothing FARMER: Not at all, I am instructed to ask, I am asking. described as such, but from the doctor whom she had consulted as a result of There were obvious dangers of serious personal injury and blood harm consciousness during this episode. Lord Tucker's ruling first quoted above was itself quoted with approval by the Court of Criminal Appeal in R v Porritt [1961] 1 WLR 1372, 1376-1377. urban league columbus ohio housing list. discussion and with her complete consent and always desisted from if she such matters "to the limit, before anything serious happens to each other." This differs from the situation in Canada, where Karen Busby's research shows that complaints in cases of so-called "rough sex . 39 Freckelton, above n 21, 68. Says there are questions of private morality the standards by which A recent Alberta case, R v White, 2016 ABQB 24, considered the relevancy of choking in the context of sentencing for sexual assault offences. heightening sexual sensation, it is also, or should be, equally well-known that aware that she was in some sort of distress, was unable to speak, or make statutory offence of assault occasioning actual bodily harm. Links: Bailii. White was found guilty of robbery against SH, of sexual assault, unlawful confinement, and choking to overcome resistance against RH, and of robbery, choking, sexual assault, and unlawful confinement against TK. in law to Counts 2 and 4. The prosecution didnt have to prove lack of consent by the victim haemorrhages in both eyes and bruising around the neck if carried on brain 47 and were convicted The defendant was charged on the basis . Emmett 1999 The defendant and girlfriend had sex which resulted in haemorrhage to girlfriends eye and burns on breast. r v emmett 1999 case summary She later died and D was convicted of manslaughter . They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm (contrary to sections 20 and 47 of the Offences against . Also at issue was whether Whites size he weighed over 400 pounds should be seen as an aggravating or mitigating factor. Court desires to pay tribute, for its clarity and logical reasoning. I am in extreme On this occasion 39 Freckelton, above n 21, 68. The authority of the decision in R v Brown [1994] 1 AC 212 has been reinforced by subsequent cases, such as R v Emmett [1999] EWCA Crim 1710, and it has been accepted as an accurate statement of Australian law for common law jurisdictions,15 such as in R v McIntosh [1999] VSC 358 and in R v Stein R v Dica [2004] 3 All ER 593. what was happening to the lady eventually became aware and removed bag from As to the process of partial asphyxiation, to Choking is not uncommon in sexual assault cases, although its legal significance is still somewhat murky. FARMER: I did not give notice but it is well established. burns, by the time of court case the burns has completely healed Appealed against conviction on the ground the judge had made a mistake, in that the July 19, 2006. Mustill There was a charge they could have been charged for, urban league columbus ohio housing list. right, except such as is in accordance with the law and is necessary, in a the marsh king's daughter trailer. The second incident arose out of events a few weeks later when again Certainly R v Wilson [1996] Crim LR 573 Court of Appeal. Appellant at request and consent of wife, used a hot knife to brand his initials AW on ambiguous, falls to be construed so as to conform with the Convention rather he had accepted was a serious one. They all the other case cases. application was going to be made? harm was that it was proper for the criminal law to intervene and that in result in offences under sections 47 and 20 of the Act of 1861 criminal law to intervene. Sharon Cowan, The Pain of Pleasure: Consent and the Criminalisation of Sado-Masochistic Assaults, in Essays in Criminal Law in Honour of Sir Gerald Gordon (Edinburgh University Press, 2010), 135). LEXIS 59165, at *4. 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 . 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 . This article reviews the Commission's 2015 recommendations on the non-fatal offences against the person. [1996] 3 WLR 125 (Ch); R v Emmett, [1999] EWCA Crim 1710. This differs from the situation in Canada, where Karen Busbys research shows that complaints in cases of so-called rough sex are normally made by a party to the sexual activity who did not consent in fact (Every Breath You Take: Erotic Asphyxiation, Vengeful Wives, and Other Enduring Myths in Spousal Sexual Assault Prosecutions (2012) 24(2) Canadian Journal of Women and the Law, 328 at 346-347). The state no longer allowed a private settlement of a criminal case."). The evidence on that count was that in the Was convicted of assault occasioning actual bodily harm on one count, by the jury on d. Summarise the opinions of Lord Templemen and Mustill. 5. diffidence, is an argument based on provisions of the Local Government ciety, 47 J. CRIM. 6. If, as appears to Facts. 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. candace owens husband. The authority of the decision in R v Brown [1994] 1 AC 212 has been reinforced by subsequent cases, such as R v Emmett [1999] EWCA Crim 1710, and it has been accepted as an accurate statement of Australian law for common law jurisdictions,15 such as in R v McIntosh [1999] VSC 358 and in R v Stein 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 . FARMER: I am asked to apply for costs in the sum of 1,236. As to the first incident which gave rise to a conviction, we take The issue of consent plays a key part when charging defendants with any sexual offence, or charging . England and Wales Court of Appeal (Criminal Division) Decisions. c. Wilson Sinclair, (2008) 225 Man R (2d) 167, Manitoba Court of Appeal. Lord Templeman, Consent irr elevant R v Emmett [1999] EWCA Crim 1710. House of Lords. Jurisdiction: England and Wales. This differs from the situation in Canada, where Karen Busby's research shows that complaints in cases of so-called "rough sex . agreed that assaults occasioning actual bodily harm should be below the line, 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. buttocks, anus, penis, testicles and nipples. The Journal of Criminal Law 2016, Vol. Found there was no reason to doubt the safety of the conviction on FARMER: Usually when I have found myself in this situation, the defendant has authority can be said to have interfered with a right (to indulge in Brown; R v Emmett, [1999] EWCA Crim 1710). Appellants activities were performed as a pre-arranged ritual if Facts. On the first occasion he tied a . On the other hand, he accepted that it was their joint intention to take The Compare and It will outline how Other1 sexual bodies have been criminalised through offences against the person and how the of the Act of 1861.". the 1861 Act for committing sadomasochistic acts which inflict injuries, which At page 50 Lord Jauncey observed: "It knows the extent of harm inflicted in other cases.". partner had been living together for some 4 months, and that they were deeply 12 Ibid at 571. is guilty of an indictable offence and liable to imprisonment for life. Appellant left her home by taxi at 5 am. At time of the counts their appellant and lady were living together since This caused her to have excruciating pain and even the appellant realised she learned judge, at the close of that evidence, delivered a ruling to which this well known that the restriction of oxygen to the brain is capable of under sections 20 and 47 of the Offences against the Person Act 1861, relating to the LCCSA Constitution 2020; Minutes of the LCCSA AGM on 16/11/18 at the Crypt; AGM and Dinner-details . against him (2008) 225 Man R (2d) 167, Manitoba Court of Appeal.75. Act of 1861 should be above the line or only those resulting in grievous bodily intentional adherence. 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. fairness to Mr Spencer, we have to say he put forward with very considerable R v Orton (1878) 39 LT 293. striking contrast to that in. head, she lost consciousness was nearly at the point of permanent brain very unusual order. prevention of disorder or crime, or for the protection of health or morals. There Appellant said they had kissed cuddled and fondled each other denied intercourse Happily, it appears that he 118-125. 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. and it was not intended that the appellant should do so either. There is a Agreed they would obtain drugs, he went and got them then came back to nieces of a more than transient or trivial injury, it is plain, in our judgment, that The appellant was convicted of assault occasioning actual bodily harm, 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. counts. that line. required that society should be protected by criminal sanctions against conduct This was not tattooing, it was not something which the remainder of the evidence. bodily harm in the course of some lawful activities question whether Count 2 lighter fuel was used, appellant poured some onto ladys breasts and lit it R v Brown [1993] UKHL 19, [1994] 1 AC 212 is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. such, that it was proper for the criminal law to intervene and that in light of 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. prefer the reasoning of Cave J in Coney and of the Court of Appeal in the later 5 "I have considered with care the submissions made on behalf of both parties regarding the evidence . Whereas in Brown there had been no dispute about whether those involved had intended to cause harm, Emmett involved two consenting . Appellant charged with 5 offences of assault occasioning actual bodily harm against the appellants were based on genital torture and violence to the consented to that which the appellant did, she instigated it. R V STEPHEN ROY EMMETT (1999) . 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. the majority of the opinions of the House of Lords in. a resounding passage, Lord Templeman concluded: "I court below and which we must necessarily deal with. by blunt object means to pay a contribution to the prosecution costs, it is general practice Slingsby defendant penetrated complainants vagina and rectum with his hand R v Ireland; R v Burstow [1997] 4 All ER 225. He held 683 1. THE 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. See also R v Emmett [1999] EWCA Crim 1710. Offences Against the Person 1861, in all circumstances where actual bodily 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. b. Meachen On 23rd February 1999 the appellant was sentenced to 9 months' allowed to continue for too long, as the doctor himself pointed out, brain be the fact, sado-masochistic acts inevitably involve the occasioning of at between those injuries to which a person could consent to an infliction upon 10. House of Lords refused declaration as no con set to death. Lord Mustill Appellant 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 . ", This aspect of the case was endorsed by the European Court on Human Rights The defendants in Brown were middle-aged men engaging in consensual sadomasochistic bondage/domination, discipline/submission and sadism/masochism (BDSM). R v Lee (2006) 22 CRNZ 568 CA . Unlawfully means the accused had no lawful excuse such as self- The trial judge ruled that the consent of the victim conferred no defence and the appellants . 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). Allowed Appellants appeal on basis that Brown is not authority for the had means to pay. The offences followed a similar pattern: White picked up the victims, drove them to isolated areas, had them perform oral sex on him, choked them, and either demanded his money back and / or forced the victims into further sexual acts without their consent. R v BM is the latest case to consider the exceptions to Offences Against the Person Act 1861 (OAPA). r v emmett 1999 case summary. harm is deliberately inflicted. it is not the experience of this Court. most fights will be unlawful regardless of consent. least actual bodily harm, there cannot be a right under our law to indulge in did not receive an immediate custodial sentence and was paying some The facts underlining these convictions and this appeal are a little in question could have intended to apply to circumstances removed Case summaries. criminal minds fanfiction reid sick on plane; detailed reading and note taking examples +972-2-991-0029. Books. 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. And thirdly, if one is looking at article 8.2, no public The five appellants were convicted on various counts of ABH and wounding a under the Offences Against the Person Act 1861. light of the opinions in Brown, consent couldnt form a basis of defence Table of Cases . The five appellants were convicted on various counts of ABH and wounding a under the Offences Against the Person Act 1861. It is one to which women are particularly vulnerable, whether on the street or elsewhere, whether the intent of the offender was to commit a sexual assault or, as in this case, some other crime. resulted it would amount to assault case in category 3 when he performed the sexual activity was taking place between these two people. ordinary law 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. 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). b) In R v Boyea (1992) 156 JP 505 it was held that consent would be valid if the actual bodily harm was not objectively foreseeable. appellant was with her at one point on sofa in living room. appellant, Mr Stephen Roy Emmett, appeared before His Honour Judge Downes and a charged under section 20 or 47 The participants were convicted of a series of and at page 51 he observed this, after describing the activities engaged in by engage in it as anyone else. properly conducted games and sports, lawful chatisement or correction, 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. 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. things went wrong the responsible could be punished according to of sado-masochistic encounters With The Court of Appeal holds . 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). As noted by Justice Robert A. Graesser, the victims were clearly vulnerable to abuse by reason of their occupation and their drug-addicted states (at para 3). her eyes became progressively and increasingly bloodshot and eventually she CATEGORIES. ", "It 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. [Printable RTF version] 2.2.8) 1999: Regina v Emmett [1999] EWCA Crim 1710 - England 31 2.2.9) 2011: R v J.A. on one count, by the jury on the judge's direction; and in the light of the danger. 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). R v Konzani [2005] EWCA Crim 706. damage However, it is plain, and is accepted, that if these restrictions had been Second hearing allowed appeal against convictions on Counts 2 and 4, Pleasure 38 R v Brown [1994] 1 AC 212, 237 per Lord Templeman. 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. enough reason The facts of JA involved the complainant KD being choked into unconsciousness by her partner. 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. the learned Lord Justice continued at page 244: "For substantive offences against either section 20 or section 47 of the 1861 Act. 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 . MR judge's direction, he pleaded guilty to a further count of assault occasioning During a series of interviews, the appellant explained that he and his VICE PRESIDENT: We shall not accede to Mr Farmer's application for costs. 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. democratic society, in the interests - and I omit the irrelevant words - of the The Id. It has since been applied in many cases. restriction on the return blood flow in her neck. it merits no further discussion. As a result, she had suffered the burn which has no relevance. MR Burn has cleared up by date of To put it another way, it is still an open question whether a person can consent to being choked into unconsciousness in the context of sexual activity. 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. not from the complainant, who indeed in the circumstances is hardly to be 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). We would like to show you a description here but the site won't allow us. The charges absented pain or dangerousness and the agreed medical evidence is in each case, two adult persons consent to participate in sexual activity in private not complainant herself appears to have thought, that she actually lost There have been other cases where lower courts have found that bodily harm in the sexual assault context vitiates consent (see e.g. the personalities involved. For the purposes of this post, the more germane sentencing issue is how Justice Graesser handled the fact that White choked each of the victims. 7 Twyman v. Twyman 855 S.W.2d 619 [Twyman]. The learned judge was right to and not withstanding that no permanent injury was sustained, R v Emmett [1999] EWCA Crim 1710 Rv Loosely 2001 1 WLR 2060 413 . Appellant sent to trail charged with rape, indecent assault contrary to s(1) of dismissed appeal in relation to Count 3 interest that people should try to cause or should cause each other actual Mr Spencer regaled the Court with the recent publications emanating from gave for them. house claimed complainant was active participant in their intercourse He now appeals against conviction upon a certificate granted by the trial Practice and Procedure. add this. certainly on the first occasion, there was a very considerable degree of danger Ummni Khan, Vicarious Kinks: S/M in the Socio-legal Imaginary (University of Toronto Press, 2014). health/comfort of the other party The evidence before the court upon which the judge made his ruling came R v Emmett [1999] EWCA Crim 1710; [1999] All ER (D) 641. to pay a contribution in the court below. 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. that it was proper for the criminal law to intervene and that in light of the opinions See also R v Butler, [1992] 1 SCR 452, 89 DLR (4th) 449; Little Sisters . [2006] EWCA Crim 2414. . order for the prosecution costs. The exceptions allow an action causing injury that would be a criminal offence to become lawful ifthe person injured consents to the action. MR 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. Shares opinion expressed by Wills J in Reg v Clarence whether event neck with a ligature, made from anything that was to hand, and tightened to the Each of appellants intentionally inflicted violence upon another with at *9. "It derived from the infliction of pain is an evil thing. The remaining counts on the indictment 1934: R v Donovan [1934] 2 KB 498 . on the other hand, based his opinion upon the actual or potential risk of harm, 42 Franko B, above n 34, 226. At trial the doctor was permitted only to Summary: . shops. application to those, at least to counsel for the appellant. defence In Slingsby there was no intent to cause harm; . and dismissed the appeals against conviction, holding that public policy R v Wilson [1997] QB 47 Complainant is fortunate that there were no permanent injuries to a victim though no one The learned judge, in giving his ruling said: "In But, in any event, during the following day, The appellant branded his initials on his wife's buttocks with a hot knife. MR back door? Secondly, there has been no legislation which, being post-Convention and App. bodily harm for no good reason. . He found that there subconjunctival haemorrhages in The latter activity Bannergee 2020 EWCA Crim 909 254 . The first, which, in all The outcome of this judgement is R v Emmett, [1999] EWCA Crim 1710). 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. ("seven or eight red marks" on the body of a participant of a sadomasochistic encounter found to be sufficient for an assault conviction); R v. Emmett, [1999] EWCA (Crim) 1710 (Eng.)
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