Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

R v Donovan

290 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Legal Case Brief

R v Donovan [1934] 2 KB 498

OFFENCES AGAINST THE PERSON – BODILY HARM – CONSENT

Facts

It was established at trial that the appellant, Mr Donovan, had ‘induced’ the victim to accompany him to his garage, wherein he had proceeded to beat her with a cane in ‘circumstances of indecency’. Mr Donovan argued that the victim had agreed to meet him in full understanding of his intentions, and had given every indication that she was consenting throughout. The trial judge directed the jury that ‘consent or no consent’ was the issue in cases of assault, and Mr Donovan was subsequently convicted of both indecent assault and common assault. An appeal was brought on the grounds that the jury had not been given adequate direction to decide the issue.

Issues

It was argued on appeal that the direction given at trial was defective in two respects. Firstly, it failed to establish that the burden of negativing consent fell to the prosecution, rather than the defence. Secondly, it failed to address whether, and in what circumstances, a person could legally consent to the infliction of actual bodily harm.

Decision/Outcome

Held that, in cases where a person acts with intention to inflict bodily harm, the consent of the victim cannot render otherwise unlawful conduct lawful. Moreover, in cases where there was a question as to whether the defendant intended to inflict such harm, the burden of negativing consent fell upon the prosecution. The Court confirmed that the phrase ‘bodily harm’ should be given its ordinary meaning, and includes

“….any hurt or injury calculated to interfere with the health or comfort of the prosecutor.”
– ([1934] 2 KB 498, per Swift J)

Such harm need not be permanent but it must not be “merely transient or trifling”

LawTeacher

LawTeacher

LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report