R v Wilson

Consensual branding of a wife by her husband at her request was not an offence, because it was akin to tattooing.

Citation
[1997] QB 47
Court
Court of Appeal (Criminal Division)
Year
1997
Subject
Criminal Law
Topic
Non-fatal offences against the person

Facts

Mrs Wilson asked her husband to tattoo his initials on her buttocks. He did not know how to tattoo, so he branded his initials on her buttocks with a hot knife instead. Her doctor reported the burns to the police, and Mr Wilson was convicted of assault occasioning actual bodily harm.

Legal principle

The Court of Appeal quashed the conviction. Russell LJ said that Mrs Wilson had not only consented to the branding but had instigated it, and that it was no more dangerous than tattooing, which is a recognised exception. Consensual activity between husband and wife in the privacy of the matrimonial home is not a proper matter for criminal investigation or prosecution. The court distinguished R v Brown, saying that there was no aggressive intent in Mr Wilson's actions.

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