European Court of Human Rights: Necessity Principle

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What were the main charges brought against Mr. Laskey, Mr. Jaggard, and Mr. Brown?

Drug trafficking and money laundering

Forgery and embezzlement

Sexual assault and wounding in sado-masochistic activities (correct)

Burglary and theft

When did Mr. Laskey die?

14 May 1987

14 May 1947

14 May 1935

14 May 1996 (correct)

What were the sado-masochistic activities mainly conducted for?

Medical research

Entertainment purposes

Achievement of sexual gratification (correct)

Financial gain

What types of activities mainly constituted the instances of assault in the case?

Maltreatment of the genitalia and ritualistic beatings Signup and view all the answers

What was the view of Lord Mustill concerning the criminal law in relation to the infliction of harm in private on a consenting recipient?

It should not be penalized if the purpose was not profit but gratification of sexual desire. Signup and view all the answers

In relation to the criminal law, what did Lord Slynn of Hadley believe should be decided by the legislature?

Whether private activities should be brought within the criminal law Signup and view all the answers

According to the Offences against the Person Act 1861, what is required for an act to constitute a 'wound'?

Breaking of the whole skin, not just the outer layer or epidermis Signup and view all the answers

What was the basis for the majority's opinions in the judgment of the House of Lords?

The extreme nature of the practices involved Signup and view all the answers

Why were reduced sentences imposed on appeal for the applicants?

To recognize their lack of appreciation for their actions being criminal Signup and view all the answers

What was the basis for the Court's finding that the measures taken against the applicants were not disproportionate?

The degree of organization involved in the offences Signup and view all the answers

What was the trial judge's remark when passing sentence?

The unlawful conduct would be equally dealt with regardless of sexual orientation Signup and view all the answers

Why were only a few charges selected for inclusion in the prosecution case?

In recognition of the fact that certain actions were not criminal Signup and view all the answers

What did the Court consider in determining whether the measures taken by national authorities were proportionate?

The nature of the unlawful activities conducted Signup and view all the answers

What was the basis for the prosecution of the defendants?

The distribution of videotapes among the group members Signup and view all the answers

Why did the trial judge rule that the defendants could not rely on the consent of the 'victims' as an answer to the prosecution case?

Because the videos showed that the defendants did not appreciate their actions were criminal Signup and view all the answers

What was the trial judge's comment regarding the homosexuality of the defendants?

He highlighted that the case should be viewed against the background of the defendants' homosexuality Signup and view all the answers

What were the sentences imposed on Mr. Laskey, Mr. Jaggard, and Mr. Brown, respectively?

4 years 6 months, 3 years, and 2 years 9 months Signup and view all the answers

How were the applicants' sentences modified by the Court of Appeal?

Reduced because they appreciated their actions were criminal Signup and view all the answers

What was the certified point of law of public importance on which the applicants appealed to the House of Lords?

The need for proving lack of consent in sado-masochistic encounters resulting in actual bodily harm Signup and view all the answers

Why was the appeal known as the case of R.v.Brown dismissed by a majority of the House of Lords?

Because it was found that lack of consent needed to be proven by the prosecution Signup and view all the answers

What was used as a basis for reducing Mr. Laskey's sentence?

His lack of appreciation for his criminal actions Signup and view all the answers

'Unlawful conduct now before the court' would be treated equally regardless of sexual orientation according to:

'The 1861 Act' Signup and view all the answers

What was Mr. Jaggard sentenced to imprisonment for?

Aiding and abetting unlawful wounding and assault occasioning actual bodily harm. Signup and view all the answers

What led to Mr. Brown receiving twelve months’ imprisonment?

Assault occasioning actual bodily harm and further assaults occasioning actual bodily harm. Signup and view all the answers

What is the definition of 'actual bodily harm' according to the 1861 Act?

Any injury calculated to interfere with health or comfort Signup and view all the answers

In the case of R.v.Donovan, why did the court hold that the consent of the girl was immaterial?

Because the accused had used excessive violence Signup and view all the answers

According to the Court of Appeal in Attorney-General’s Reference (No. 6 of 1980), what makes a fight unlawful?

If actual bodily harm is intended and/or caused Signup and view all the answers

In R.v.Wilson, what led to the Court of Appeal allowing the appeal?

The consent and instigation by Mrs. Wilson Signup and view all the answers

What constitutes a 'disorderly house' as per common law?

A house lacking restraint and morality Signup and view all the answers

What must be proven for premises to be considered a 'disorderly house' due to indecent performances or exhibitions?

All of the above Signup and view all the answers

In R.v.Miller, what did 'actual bodily harm' specifically refer to?

Any injury calculated to interfere with health or comfort Signup and view all the answers

What reasoning led to the Court of Appeal allowing the appeal in R.v.Wilson?

All of the above Signup and view all the answers

Why did Lord Justice Russell state that there was no factual comparison between R.v.Wilson and R.v.Donovan or Brown?

Because there was no aggressive intent on Mr. Wilson's part Signup and view all the answers

What does a 'disorderly house' refer to as per common law?

House lacking restraint and morality Signup and view all the answers

What does the European Court of Human Rights consider when determining whether an interference is 'necessary in a democratic society'?

The pressing social need and proportionality of the interference Signup and view all the answers

In what circumstances is the State entitled to regulate activities through the operation of criminal law?

When the activities result in any kind of physical harm Signup and view all the answers

Why does the European Court of Human Rights not accept the applicants' submission that no prosecution should have been brought against them?

Because their injuries were significant and potential harm was inherent in the acts Signup and view all the answers

What distinguishes the present case from previous cases concerning consensual private behavior between adults?

The presence of a significant degree of injury or wounding Signup and view all the answers

What did the applicants allege as a reason for being singled out in their prosecution?

The authorities' bias against homosexuals Signup and view all the answers

What did Lord Jauncey of Tullichettle consider when deciding whether or not to prosecute?

The actual seriousness of the harm caused Signup and view all the answers

What role does the European Court of Human Rights consider that the State is unquestionably entitled to undertake?

To regulate activities involving physical harm Signup and view all the answers

Why does the European Court of Human Rights consider that a margin of appreciation is left to national authorities?

The nature of the Convention right in issue Signup and view all the answers

What do the applicants contend about their prosecuted behavior?

It was only private sexual behavior Signup and view all the answers

What does Lord Templeman consider about the sado-masochistic activities?

They are unpredictable and dangerous Signup and view all the answers

What is a relevant factor affecting the scope of margin of appreciation?

The potential for harm inherent in the acts Signup and view all the answers

What does the European Court of Human Rights consider about determining levels of harm tolerable by law?

It is related to public health considerations and general deterrent effect of criminal law Signup and view all the answers

According to Lord Templeman, what did the authorities establish regarding consent and the intentional infliction of bodily harm?

Consent is a defense to the infliction of bodily harm in the course of some lawful activities. Signup and view all the answers

Based on Lord Templeman's opinion, what did counsel for the appellants argue with regard to consent and the right to deal with one's own body?

Consent should provide a defense because every person has a right to deal with their own body as they choose. Signup and view all the answers

According to Lord Templeman, why did he not consider the slogan 'every person has a right to deal with his own body as he chooses' to be a sufficient guide to the policy decision?

Because the slogan does not take into account the unpredictably dangerous nature of sado-masochistic encounters. Signup and view all the answers

According to Lord Templeman, what is the difference between violence incidental to an activity and violence inflicted for cruelty?

The violence of sado-masochistic encounters involves the indulgence of cruelty by sadists and the degradation of victims. Signup and view all the answers

According to Lord Templeman, what is society entitled and bound to protect itself against?

Cruelty and violence that breed and glorify cruelty. Signup and view all the answers

According to Lord Jauncey, when is consent not an answer to the offense of assault occasioning actual bodily harm?

Consent is not an answer unless it involves parental chastisement or reasonable surgery. Signup and view all the answers

According to Lord Jauncey, what was emphasized by the appellants with regard to their activities?

Their activities were well-ordered, secret, and resulted in no injuries requiring medical attention. Signup and view all the answers

Based on Lord Jauncey's opinion, what was considered in evaluating the public interest in relation to the appellants' activities?

The activities of the appellants alone without considering other practitioners of homosexual sado-masochism in England and Wales. Signup and view all the answers

Which provision of the Convention did the applicants rely on to complain about their convictions?

Article 7 and 8 Signup and view all the answers

What did the Commission express in its report of 26 October 1995 regarding the violation of Article 8 of the Convention?

No violation of that provision Signup and view all the answers

What did the applicants request the Court to consider?

The position of each individual applicant Signup and view all the answers

What did the applicants believe their prosecution and convictions for assault and wounding breached?

Article 8 of the Convention Signup and view all the answers

What aspect of private life did the applicants claim was violated?

Respect for their sexual personality Signup and view all the answers

What was common ground among those appearing before the Court regarding the criminal proceedings against the applicants?

"Interference by a public authority" with the applicants' right to respect for their private life Signup and view all the answers

What was undisputed about the interference with the applicants' right to respect for their private life?

"In accordance with the law" Signup and view all the answers

What legitimate aim did the interference with the applicants' private life pursue, according to the Government's assertion?

"Protection of health or morals" Signup and view all the answers

According to the Court's observation, what aspect of private life concerns an intimate aspect?

Sexual orientation and activity Signup and view all the answers

What did the Court see no reason to examine in the present case?

"Whether sexual activities fell entirely within the notion of 'private life'" Signup and view all the answers

What did it become open to question whether sexual activities fell entirely within?

Notion of 'private life' Signup and view all the answers

What did a considerable number of people being involved in question about whether sexual activities fell entirely within 'private life'?

Whether sexual activities fell entirely within 'private life' Signup and view all the answers

Why did the applicants maintain that the interference in issue could not be regarded as 'necessary in a democratic society'?

There was a likelihood of serious or permanent injury being sustained. Signup and view all the answers

What was the Government's contention regarding the State's entitlement to punish acts of violence?

The State was entitled to punish acts of violence that could not be considered of a trifling or transient nature, irrespective of the consent of the victim. Signup and view all the answers

What did the applicants argue regarding the role of consent in the criminal law?

Consent should not be a defense to physical injury caused with intent or recklessness. Signup and view all the answers

According to the Commission, why did the State authorities act within their margin of appreciation?

The State needed to protect its citizens from real risk of serious physical harm or injury. Signup and view all the answers

What was one of the reasons given by the Government for banning acts of torture?

They undermine the respect which human beings should confer upon each other. Signup and view all the answers

What did the applicants argue regarding matters of sexual expression?

Matters of sexual expression should never be regulated by the criminal law. Signup and view all the answers

What did the Government contend about the criminal law's role in deterring certain forms of behavior?

The criminal law should seek to deter certain forms of behavior on public-health grounds. Signup and view all the answers

What was one of the reasons given by the Government for prohibiting activities?

'Necessary in a democratic society' encompasses prohibition based on potential danger. Signup and view all the answers

What did the Government compare some acts committed by the applicants to?

The acts could well be compared to 'genital torture.' Signup and view all the answers

What did the Government argue about acts committed in the context of a consenting sexual relationship?

A Contracting State could not be said to have an obligation to tolerate acts committed in such context since they could be considered as 'genital torture.' Signup and view all the answers