R v Slingsby [1995] Crim LR 470

Court of Appeal

Facts: D and V engaged in consensual sexual activity, which included the use of a ring. During the activity, D’s use of the ring caused an injury to V, resulting in her death. D was charged under s20 of the Offences Against the Person Act 1861 for causing grievous bodily harm (GBH). The issue was whether the harm suffered by V could be considered as "caused" by D’s actions and whether D’s conduct was criminally negligent.

Held: The Court of Appeal held that D was not criminally liable under s20 OAPA, as the harm suffered by V was not foreseeable and was a result of an accident rather than criminal conduct. The court emphasized that for liability under s20, there must be a degree of recklessness or intention to cause harm. In this case, the activity was consensual, and the injury was not inflicted with any criminal intent or recklessness.

💡Levelup: This case highlighted that consent and the nature of the harm are critical in determining criminal liability for bodily harm. It reinforced that criminal liability requires a higher degree of fault, such as recklessness or intention, rather than mere negligence or accident.