R v Emmett [1999]

R v Emmett [1999]

1. Facts:

• Scenario: D seriously injured his fiancé during sado-masochistic behaviour. Incidents included pouring fuel on her breast and lighting it.

• Charges: Convicted of causing actual bodily harm (ABH).

2. Outcome:

• Decision: The conviction for ABH was upheld.

• Rationale: The court distinguished this case from R v Wilson based on the severity and potential harm involved. The degree of injury and the dangerous nature of the actions, such as setting her on fire, justified the court's intervention.

3. Impact and Analysis:

• Legal Basis: The ruling highlights that even in consensual contexts, if the level of harm is severe or involves dangerous conduct, it may not be protected by consent. The court deemed the risks and injuries in this case as too severe to be considered acceptable under the scope of consensual activities.