In an appeal against conviction for two offences of assault occasioning actual bodily harm arising out of sado-masochistic acts between two consenting adults, the issue of consent was immaterial where there was a realistic risk of harm beyond a merely transient or trivial injury. The degree of harm was such as to make it appropriate for the criminal law to interfere and accordingly the appeal was dismissed.

CA (Crim Div) (Rose LJ, Wright J, Kay J)

18/06/1999