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R v Donovan (1934)

Facts

  • The defendant caned a 17-year-old girl, with her consent, for sexual pleasure

Issue

  • Was the defendant guilty of causing actual bodily harm under section 47 of the Offences Against the Person Act 1861?

Decision

  • No

Reasoning

  • The jury had been misdirected as to the burden of proof requirements of consent
  • Consent was treated as a defence to the offence and not as negating the actus reus
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