What degree of personal harm should the criminal law permit in this context?
“In some circumstances violence is not punishable under the criminal law. When no actual bodily harm is caused, the consent of the person affected precludes him from complaining. There can be no conviction for the summary offence of common assault if the victim has consented to the assault. Even
when violence is intentionally inflicted and results in actual bodily harm, wounding or serious bodily harm the accused is entitled to be acquitted if the injury was a foreseeable incident of a lawful activity in which the person injured was participating.”
R v Brown [1994] 1 AC 212 (HL) 231 (Lord Templeman)
a) What degree of personal harm can be consented to under the criminal law?
b) What degree of personal harm should the criminal law permit in this context?
Critically analyse case law, and academic opinion in writing your answer. Write approximately 800 words for each of the two sections: a) and b). Use the remaining word limit for your introduction and
conclusion.
