Quote:
Originally Posted by t-v
Hi playme, Gemo and Alpha. 
I copied this from the other thread, hope you don't mind. I remember that case from last year at college, delict I think (or tort in England).
There are a few strange ones too. There was a case, Brennan, where a man had drunk 25 pints, 1 sherry and taken a microdot of LSD. Him and his father got into an argument about the Pink Floyd album cover 'Dark side of the Moon' and the son killed his dad.
I always think, it must have been the sherry that tipped him over the edge. He didn't get off with it though because he voluntarily intoxicated himself.
Another case, R v Brown, a group of homosexual sadomasichists filmed depraved sex acts with each other (including, inter alia, sandpapering each others willys), which had been consensual, were arrested. The court held that consent was no defence. They were found guilty.
I can never really understand the ruling against private consensual acts in Brown... some academics have thought that it was homophobic. The recent case where the man was found guilty of shameless indecency for having sex with a bike reminded me of the Brown case. |
Article 8 stuff and its being over-ruled "by the amount of physical or psychological harm that the law allows between any two people, even consenting adults, is to be determined by the State the individuals live in, as it is the State's responsibility to balance the concerns of public health and well-being with the amount of control a State should be allowed to exercise over its citizens."
