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
