R v Donovan

Facts

Donovan caned a woman in his garage for his sexual gratification. She had indicated willingness beforehand. The beating left seven or eight marks and was fairly severe. He said she consented and enjoyed it. He was convicted of indecent assault and common assault.

Issue

Is consent a defence to a beating of this kind?

Held

The court held that consent is no defence where the blows are likely or intended to cause bodily harm. The conviction was in fact quashed for a misdirection, but the statement of the law is the one used here.

Principle

Consent does not justify the intentional infliction of bodily harm, outside recognised exceptions such as lawful sport.

Why it matters

Brown is the modern majority decision to the same effect.

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