McCarthy v R.

McCarthy v R.

Consent of the victims to serious injury does not provide a defence to the offence of causing grievous bodily harm with intent, but may be considered as a mitigating factor affecting culpability and, to a lesser extent, harm. The sentence imposed was not manifestly excessive nor wrong in principle given the...

Source-derived case information.

Parties
Appellant: Brendan Patrick McCarthy; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
11 December 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Grievous Bodily Harm, Consent in Criminal Law, Sentencing Guidelines, Body Modification, Deterrence
Criminal Law Grievous Bodily Harm Consent in Criminal Law Sentencing Guidelines Body Modification Deterrence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Brendan Patrick McCarthy

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the consent of victims to grievous bodily harm is relevant to sentencing and to what extent
  2. 2 Whether the sentence imposed was manifestly excessive or wrong in principle
  3. 3 Whether deterrence was given undue weight in sentencing

Ratio Decidendi

Consent of the victims to serious injury does not provide a defence to the offence of causing grievous bodily harm with intent, but may be considered as a mitigating factor affecting culpability and, to a lesser extent, harm. The sentence imposed was not manifestly excessive nor wrong in principle given the seriousness of the injuries and the need for deterrence.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 40 months' imprisonment concurrent on each count upheld
  • Order for forfeiture of all surgical items and medications seized during investigation confirmed