R v Simon Slingsby [1995]

Court: High Court

Facts: The defendant, Simon Slingsby, engaged in consensual sexual activity with the victim, involving the penetration of her vagina and rectum with his fingers. During this activity, the victim was accidentally cut by Simon's signet ring. As a result of the injury, the victim developed septicaemia and subsequently died. Simon was convicted of manslaughter under Sections 20 and 47 of the Offences Against the Person Act (OAPA).

Issue: Whether the unforeseen physical injury resulting from consensual sexual activity constituted a criminal offence.

Held: The High Court allowed the appeal and quashed the conviction.

Key Judicial Statements: Judge J held that the act of inserting fingers into the vagina and rectum, with consent, did not amount to an assault or an unlawful act. He emphasized that it would be contrary to legal principles to convict Simon of manslaughter when the injury inflicted was unforeseen and unintended.

💡Leveluplaw: highlights the importance of consent in determining criminal liability for injuries arising from consensual sexual activities. It draws a clear distinction from earlier cases, such as R v Brown, where the intention was to inflict harm, emphasizing that unforeseen