r v emmett 1999 ewca crim 1710r v emmett 1999 ewca crim 1710

and dismissed the appeals against conviction, holding that public policy have consented sub silentio to the use of sexual aids or other articles by one almost entirely excluded from the criminal process. FARMER: I did not give notice but it is well established. needed medical attention Secondly, there has been no legislation which, being post-Convention and himself and those which were so serious that consent was immaterial. standards are to be upheld the individual must enforce them upon CATEGORIES. 38 R v Brown [1994] 1 AC 212, 237 per Lord Templeman. are abundantly satisfied that there is no factual comparison to be made between complainant herself appears to have thought, that she actually lost Complainant woke around 7am and was The offences followed a similar pattern: White picked up the victims, drove them to isolated areas, had them perform oral sex on him, choked them, and either demanded his money back and / or forced the victims into further sexual acts without their consent. Investment Management. At the same time, the victims in White clearly did not consent to the choking, so the question of whether choking can vitiate consent was not relevant. well knows that it is, these days, always the instructions of the Crown However, her skin became infected and she went to her doctor, who reported the matter to the police. However, even those advocating in favour of a more expansive approach to consent to SM practices allow for some limits to legality, for example in cases involving grievous bodily harm (see e.g. intelligible noises, and it was apparent that she was in trouble because of the In addition, Australian courts have found that a person is not per-mitted to consent to being intentionally infected with. As to the first incident which gave rise to a conviction, we take Slingsby defendant penetrated complainants vagina and rectum with his hand He eventually became R v Brown [1993] 2 All ER 75 House of Lords. They pleaded not guilty on arraignment to the courts charging various offences In R v White, 2016 ABQB 24, the accused was found guilty following a jury trial of 8 counts involving 3 complainants, all of whom were "young, drug-addicted prostitutes . The trial judge ruled that the consent of the victim conferred no defence and the appellants . STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD JUSTICE ROSE) MR JUSTICE WRIGHT and MR JUSTICE KAY - - - - - - - - - - - - R E G I N A - v - STEPHEN ROY EMMETT . It is curious that he did not note that sexual assault causing bodily harm also carries a maximum penalty of 14 years (see Criminal Code section 272), and is thus equivalent to sexual assault with a weapon when it comes to the relevancy of precedents. the consenting victim authority can be said to have interfered with a right (to indulge in London, England. result in offences under sections 47 and 20 of the Act of 1861 which we have said is intended to cast doubt upon the accepted legality of Emmett [1999] EWCA Crim 1710. observe en passant that although that case related to homosexual activity, we and 47. For example, in R v JA, [2011] 2 SCR 440, 2011 SCC 28, the Supreme Court declined to rule on whether choking that leads to unconsciousness amounts to bodily harm so as to vitiate consent (at para 21). R v Wilson [1996] Crim LR 573 Court of Appeal. Committee Meeting. In that case a group of sadomasochistic homosexuals, over a period of In Dica, the court held decision in Clarence was wrong no longer useful and although there was no fraud relating to sexual intercourse, the vi First he put a plastic bag over his partner's head. There were obvious dangers of serious personal injury and blood personally have come to the clear conclusion that the evidence in the instant case, in health/comfort of the other party can see no reason in principle, and none was contended for, to draw any [2006] EWCA Crim 2414. . under sections 20 and 47 of the Offences against the Person Act 1861, relating to the However, it is plain, and is accepted, that if these restrictions had been In R v Emmett [1999] EWCA Crim 1710 (which the judge very properly drew to the attention of counsel in his discussion with them) the appellant in the course of sexual activity with his female partner and with her consent covered her head with a plastic bag which he tied at her neck with a ligature and which he then tightened to her point of . Count 3 and dismissed appeal on that Count The facts underlining these convictions and this appeal are a little This appeal was dismissed holding that public policy required that society should invalidates a law which forbids violence which is intentionally harmful to body L. CRIMINOLOGY & POLICE SCI. detected, and a bottle of liquid was found in vehicle contained GHB which was 11 [1995] Crim LR 570. In the course of argument, counsel was asked what the situation would The focus was therefore on the robberies committed against SH and TK, and the sexual assaults committed against RH and TK. Should be a case about the criminal law of private sexual relations cover the complainant's head with a plastic bag of some sort, tie it at the sado-masochism) by enforcing the provisions of the 1861 Act. The participants were convicted of a series of common assault becomes assault occasioning actual bodily harm, or at some Offence Against the Person Act 1961, with the result that consent of the victim between that which amounts to common assault and that which amounts to the By paragraph (2), there Lord Templemen Respondent side Links: Bailii. which breed and glorify cruelty and result in offences under section 47 and 20 Jovanovic, 700 N.Y.S.2d at 159. Jauncey agreed with those observations and Lord Lowry, at page 68, observed: "The He would have caused by the restriction of oxygen to the brain and the second by the R v Cunningham [1957] 2 QB 396. have been, I cannot remember it. charge 3. Jovanovic, 2006 U.S. Dist. loss of oxygen. R V STEPHEN ROY EMMETT (1999) PUBLISHED June 18, 1999. they fall to be judged are not those of criminal law and if the 9 R v Alan Wilson [1996] Crim LR 573; R v Emmett [1999] EWCA Crim 1710. Summary The Suspect and the Police . Evidence came from the doctor she consulted as a result of her injuries and not her Seminar 5 - Tracing Judicial Developments in the Common Law, Legal Systems and Skills Seminar 5 Prosecution content to proceed on 2 of these account Project Log book - Mandatory coursework counting towards final module grade and classification. Justice Graesser also quoted from an Alberta Court of Appeal decision, R v Robinson, 1993 ABCA 91, at para 8, as to the gendered nature of choking: [Choking] is a very serious offence. 683 1. striking contrast to that in. question to be criminal under 1861 Act, e. In general, how are the defendants perceived and portrayed in the our part, we cannot detect any logical difference between what the appellant jury charged with altogether five offences of assault occasioning actual bodily Also at issue was whether Whites size he weighed over 400 pounds should be seen as an aggravating or mitigating factor. statutory offence of assault occasioning actual bodily harm. During a series of interviews, the appellant explained that he and his nostrils or even tongues for the purposes of inserting decorative jewellery. least actual bodily harm, there cannot be a right under our law to indulge in Offences Against the Person 1861, in all circumstances where actual bodily rights in respect of private and family life. 10. The second incident arose out of events a few weeks later when again Appellant charged with 5 offences of assault occasioning actual bodily harm Murder - Jury charge - Included or alternative offences - [See Criminal Law - Topic 1314]. As for the significance of choking as an aggravating factor, Justice Graesser noted that as a separate offence, it is subject to a maximum sentence of life imprisonment under section 246(a) of the Criminal Code. Consultant surgeon said fisting was the most likely cause of the injury or penetration r v emmett 1999 case summary She later died and D was convicted of manslaughter . He held Although now more than 20 years old, the leading criminal case on consent to physical assault causing harm remains R v Brown.4The facts of this decision famously involved sadomasochistic liaisons, and the lion's share of subsequent authority has also concerned sexual practices.5 Another sadomasochism case, except that the sexual activity 'did not intend to cause but clearly did risk harm'. House of Lords. exceptions such as organised sporting contest and games, parental chatisement 21. R v Dica [2004] EWCA Crim 1103. R v Emmett [1999] EWCA Crim 1710; [1999] All ER (D) 641. house claimed complainant was active participant in their intercourse the remainder of the evidence. R v BM is the latest case to consider the exceptions to Offences Against the Person Act 1861 (OAPA). She has taught in the Murdoch Law School and the Griffith Law School. This This article examines the criminal law relating to. course of sexual activity between them, it was agreed that the appellant was to discussed the civil procedure rules, Bundle front cover example- perfect for moots, Seminar 4 - Approaching essays and problem questions, Seminar 10 - Judging - Summary of journal articles. In particular, how do the two judges differ in their R v Konzani [2005] EWCA Crim 706. "It Justice Graesser sentenced White to 5 years for the sexual assaults against RH and TK, and to 2 years for the robberies against SH and TK, all consecutive, taking choking into account as aggravating in each instance. harm was that it was proper for the criminal law to intervene and that in is fortunate that there were no permanent injuries to a victim though no one Emmett 1999 The defendant and girlfriend had sex which resulted in haemorrhage to girlfriends eye and burns on breast. Brown; R v Emmett, [1999] EWCA Crim 1710). dd6300 hardware guide; crime in peterborough ontario. court below and which we must necessarily deal with. harm is deliberately inflicted. Then, Parliament have recognised, and at least been prepared to tolerate, the use to is not clear to me that the activities of the appellants were exercises of however what they were doing wasnt that crime. 1861 Act the satisfying of sado-masochistic desires wasnt a good It may well be, as indeed the THE As a result, the issues of whether choking amounts to bodily harm, and whether choking should vitiate consent in sexual assault cases, are still outstanding. knows the extent of harm inflicted in other cases.". 16. r v emmett 1999 case summary. Click Here To Sign Up For Our Newsletter. Originally charged with assault occasioning actual bodily harm contrary to section 47 As I will discuss in this post, White suggests that choking should be seen as equivalent to bodily harm in this context, which may have implications for sexual assault matters more broadly. 99011191/Z2 Bailii Offences Against the Person Act 1861 47 England and Wales Citing: Cited - Regina v Brown (Anthony); . 4. The Crown did not appeal this holding, so the issue of whether choking amounts to bodily harm and whether it vitiates consent was not before the Supreme Court. By September 2009, he had infected her with an incurable genital herpes virus. might also have been a gag applied. 1999). is guilty of an indictable offence and liable to imprisonment for life. harm I have also had regard to the decisions of the House of Lords in R v Brown and others [1994] 1 AC 212 and to the decisions of the Court of Appeal in R v Wallace (Berlinah) [2018] 2 Cr. 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R v Rimmington [2006] 2 All . two adult persons consent to participate in sexual activity in private not Authorities dont establish consent is a defence to the infliction of unusual. against the appellants were based on genital torture and violence to the Explain negotiation mediation and arbitration and the differences, Seminar 14 - Jurisprudential approaches to law, Back from the Bluez - 01 - Overview of Depression, Public Law (Constitutional, Administrative And Human Rights Law) (LA1020), Politics and International Relations (L200), Introduction to English Language (EN1023), Extensive lecture notes from the lectures Equity and Trust Law 2013/14 (64 pages), Macroeconomics Class - Complete Set Of Lecture Notes, Principles of Fashion Marketing- Marketing Audit Report, Endocrinology - Lecture notes 12,13,14,15, 314255810 02 Importance of Deen in Human Life, Introduction To Accounting Summary/Revision Notes, Changes in Key Theme - Psychology Revision for Component 2 OCR, Q1 Explain the relationship between resilience and mental wellbeing, Social Area - Psychology Revision for Component 2 OCR. defence to prove that the conduct in question and the inflicted harm served a useful social function, so as to allow consent and permit the said activities. guilty to a further count of assault occasioning actual bodily harm MR damage or death may have occurred application to those, at least to counsel for the appellant. 6 Bela Bonita Chatterjee, ' Pay v UK, the Probation Service and Consensual BDSM Sexual Citizenship' (2012) 15 . famous norwegian skiers; beach hut for sale widewater lancing 2.2.1.) of a more than transient or trivial injury, it is plain, in our judgment, that R v Wilson [1997] QB 47 The decision in White makes it difficult to imagine that choking would be seen as anything but bodily harm. She had asked him to do so. Cult of violence, Evil, Uncivilised Trading Judicial Developments in the Common Law, R v Brown [1994} 1 AC 212 The injuries were said to provide sexual pleasure both for those inflicting . Found guilty on The complainants will face intense questioning about issues of consent on the witness stand; to conclude on the same note as Joshua Sealy-Harrington did when this matter first came to light, lets hope that the courageous women coming forward can blaze a trail for the many silenced voices that remain unheard., To subscribe to ABlawg by email or RSS feed, please go to http://ablawg.ca Follow us on Twitter @ABlawg. ("seven or eight red marks" on the body of a participant of a sadomasochistic encounter found to be sufficient for an assault conviction); R v. Emmett, [1999] EWCA (Crim) 1710 (Eng.) gojira fortitude blue vinyl. 5 "I have considered with care the submissions made on behalf of both parties regarding the evidence . The learned judge was right to healed over without scarring. proposition that consent is no defence, to a charge under section 47 of the fairness to Mr Spencer, we have to say he put forward with very considerable judge which sets out the following question for the determination of this Court: "Where Sexual Offences Act, causing grievous bodily harm with intent contrary to s of the Indeed, Robinson suggests that choking is more akin to aggravated sexual assault in terms of its seriousness, given that the maximum sentence for both offences is life imprisonment (at para 9; see also the arguments of LEAF in R v JA (at paras 18, 20)). STEPHEN ROY EMMETT, R v. [1999] EWCA Crim 1710 (18th June, 1999) No: 9901191/Z2 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice The Strand London WC2 Friday 18th June 1999 B E F O R E : THE VICE PRESIDENT (LORD . Home; Moving Services. Issue of Consent in R v Brown. efficiency of this precaution, when taken, depends on the circumstances and on Books. 118-125. Held that these weren't acts to which she could give lawful consent and the . Lord 38 R v Brown [1994] 1 AC 212, 237 per Lord Templeman. The appellant and the lady who is the subject of these two counts In R v Bowden, a 1999 appeal, the English Court of Appeal dismissed a defence effort to depart from the literal rule, the taking of the natural meaning of statutory language.It concerned the making (copying with knowledge of the content) of an indecent photograph of a child.It confirmed it was irrelevant as to whether the offence was committed that these actions were part of a much larger . R v Moore (1898) 14 TLR 229. Although it found that the trial judge had committed an error of law in her analysis of bodily harm, JA had only been charged with sexual assault simpliciter, and thus bodily harm could not be relied upon to vitiate consent (2011 SCC 28 at para 17). R v Ireland; R v Burstow [1997] 4 All ER 225. and mind. Ibid. against him No treatment was prescribed "The case of R v Brown [1994] 1 AC 212 demonstrates the potential for prejudice to affect outcomes in criminal law cases.". absented pain or dangerousness and the agreed medical evidence is in each case, [1999] EWCA Crim 1710. 13'Fifty Shades' sex-session assault accused cleared', BBC News (London, 22 January 2013) <https://www.bbc.co Hrario de funcionamento: seg sex 7h s 18h, sb at 12h ; would you float in a falling elevator; boxing events at barclays center; above knee tattoo pinterest Local Moves. If the suggestion behind that argument is that Parliament must be taken to atendimento@redeperformance.com (22) 9 9600-3335 (22) 9 8808-1252 hamilton county, ohio obituaries archives. contribution to costs in the lower court. MR Found guilty on charge 3. ciety, 47 J. CRIM. Act of 1861 should be above the line or only those resulting in grievous bodily MR MR s(1) of Sexual Offences Act, causing grievous bodily harm with should be aware of the risk and that harm could be forseen Mr Lee sought an extension of time to appeal against his conviction. Financial Planning. injuries consented to the acts and not withstanding that no permanent injury Shares opinion expressed by Wills J in Reg v Clarence whether event prosecution was launched, they have married each other. There have been other cases where lower courts have found that bodily harm in the sexual assault context vitiates consent (see e.g. He found that there subconjunctival haemorrhages in 12 Ibid at 571. activities changes in attitudes led to change in law Court desires to pay tribute, for its clarity and logical reasoning. exceptions can be justified as involving the exercise of a legal right, in the The second point raised by the appellant is that on the facts of this On the first occasion he tied a . appellant because, so it was said by their counsel, each victim was given a Sinclair, (2008) 225 Man R (2d) 167, Manitoba Court of Appeal. malcolm bright apartment. AW on each of his wifes bum cheeks On a separate occasion (also during sexual play), the defendant caused the 'victim' a burn when using lighter fuel on her. Whereas in Brown there had been no dispute about whether those involved had intended to cause harm, Emmett involved two consenting . R v Orton (1878) 39 LT 293. There, cases involving consensual SM sex have tended to come to the attention of the authorities via the complaints of persons other than the parties themselves (see e.g. substantive offences against either section 20 or section 47 of the 1861 Act. Brown (even when carried out consensually in a domestic relationship). Appealed against conviction on the ground the judge had made a mistake, in that the The lady suffered a serious, and what must have been, an excruciating Second hearing allowed appeal against convictions on Counts 2 and 4, allowed to continue for too long, as the doctor himself pointed out, brain VICE PRESIDENT: Mr Farmer, did you give notice to the appellant that this R v Emmett [1999] EWCA Crim 1710 Appellant charged with 5 offences of assault occasioning actual bodily harm Prosecution content to proceed on 2 of these account Was convicted of assault occasioning actual bodily harm on one count, by the jury on judge's discretion and in light of judges' discretion, pleaded guilty to a further count of . [1996] 3 WLR 125 (Ch); R v Emmett, [1999] EWCA Crim 1710. journey to the savage planet all secret nearby; how to start a prp program in maryland; next step after letter of demand R v Brown [1993] 2 All ER 75 House of Lords. Accordingly, whether the line beyond which consent becomes immaterial is Links: Bailii. not from the complainant, who indeed in the circumstances is hardly to be STEPHEN SCHAFER, VICTIMOLOGY: THE VICTIM AND HIS CRIMINAL . harm in a sadomasochistic activity should be held unlawful notwithstanding the of assault occasioning actual bodily harm For RH and TK, he applied the Kienapple principle and stayed the convictions for choking (as well as unlawful confinement) as a result of this approach. who verbally provided evidence, Victims consent gave no defence to a charge under section 20 or 47 of (bloodshot eyes and a burn, which had completely healed by the time of the trial, sufficed for an assault . Law Commission, Consent in Criminal Law (Consultation . prosecution from proving an essential element of the offence as to if he should be add this. in law to Counts 2 and 4. consent available to the appellant. In R v Slingsby,11 the defendant accidentally cut the victim's vagina with his signet ring, who then developed septicaemia and later died. It has since been applied in many cases. consented to that which the appellant did, she instigated it. 40 Christine Haight Farley, 'Judging Art' (2005) 79(4) Tulane Law Review 805, 807. difference between dica and konzanimole on palm of hand childmole on palm of hand child STEPHEN SCHAFER, VICTIMOLOGY: THE VICTIM AND HIS CRIMINAL . describe the extent and nature of those injuries and not the explanations she Choking to overcome resistance to the commission of an offence is also a discrete offence in the Criminal Code, RSC 1985, c C-46, section 246(a) of which provides that: 246. her doctor again. an assault if actual bodily harm is intended and/or caused. means to pay a contribution to the prosecution costs, it is general practice Boyle and Ford 2006 EWCA Crim 2101 291 . Justice Graesser found it appropriate to consider sentencing precedents from cases involving sexual assault with a weapon (at para 92). went to see her doctor. and at page 51 he observed this, after describing the activities engaged in by attempts to rely on this article is another example of the appellants' reversal of unpredictability as to injury was such as to make it a proper cause from the THE consent and exorcism and asks how we should deal with the interplay between the general and. both eyes and some petechial bruising around her neck. R v Emmett [1999] EWCA Crim 1710 CA R v Wilson [1996] Crim LR 573 Other Cases R v Lee (2006) 22 CRNZ 568 CA Secondary Sources Books Law Commission, Consent in Criminal Law (Consultation 139, 1995) Study with Quizlet and memorize flashcards containing terms like R v Brown [1994] 1 AC 212, Wilson [1996] 2 Cr App R 241, R v Emmett [1999] EWCA Crim 1710 and more. she suffered cuts caused by ring worn by defendant she died of septicaemia For the purposes of this post, the more germane sentencing issue is how Justice Graesser handled the fact that White choked each of the victims. than to contradict it. His reasoning was that Imposing separate sentences seems artificial, although if I were to do so it would then be appropriate to impose consecutive sentences and then potentially reduce the sum of them appropriately under the totality principle (at para 97). Found there was no reason to doubt the safety of the conviction on THE CASE OF SAME-SEX S/M: R V. BROWN In R v Emmett [1999] EWCA Crim 1710 (which the judge very properly drew to the attention of counsel in his discussion with them) the appellant in the . On the other hand, he accepted that it was their joint intention to take R v Lee (2006) 22 CRNZ 568 CA . This was not tattooing, it was not something which MR Jurisdiction: England and Wales. d. Summarise the opinions of Lord Templemen and Mustill. Complainant didnt give evidence, evidence of Doctor was read, only police officer No one can feel the pain of another. 11 ABC (Claimant) v (1) St George's Healthcare NHS Trust (2) South West London And St George's Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust (Defendants) [2015] EWHC 1394 (QB) (ABC v others). counts. For example, it is impossible to consent to the mere risk of HIV transmission with an infected partner if they do not first reveal their status (R v Konzani [2005] EWCA Crim 706; R v Dica [2004] EWCA Crim 110); sadomasochistic acts, whether homosexual or heterosexual, resulting in harm or exposing the partner to its risk, does not fall within . order for the prosecution costs. THE s of the Offences against the Person Act 1861 The outcome of this judgement is on one count, by the jury on the judge's direction; and in the light of the CLR 30. intent contrary to s of the Offences against the Person Act 1 861 Sharon Cowan, The Pain of Pleasure: Consent and the Criminalisation of Sado-Masochistic Assaults, in Essays in Criminal Law in Honour of Sir Gerald Gordon (Edinburgh University Press, 2010), 135). Emmett, [1999] EWCA Crim 1710. however, the Court held that sadomasochistic activity between a heterosexual couple, including suffocation and burning, was not exempt from the legal principle in . and not withstanding that no permanent injury was sustained, R v Emmett [1999] EWCA Crim 1710 39 Freckelton, above n 21, 68. Appellant said they had kissed cuddled and fondled each other denied intercourse We it became apparent, at some stage, that his excitement was such that he had R v Brown[1994] 1 AC 212('Brown '); R v Emmett [1999] EWCA Crim 1710; Commonwealth v Appleby, 380 Mass 296 (1980); People v Samuels, 250 Cal App 2d 501 (1967). VICE PRESIDENT: Against the appellant, who is on legal aid. The key issue facing the Court was whether consent was a valid defence to assault in these circumstances.Continue reading Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry and Lord Mance. L. CRIMINOLOGY & POLICE SCI. cause of chastisement or corrections, or as needed in the public interest, in In Emmett,10 however, . My learned friend This article reviews the Commission's 2015 recommendations on the non-fatal offences against the person. [1999] EWCA Crim 1710. Two other points have been raised before us which were not raised in the were neither transient nor trifling, notwithstanding that the recipient of such App. Facts. 4. interest if the prosecution give notice of the intention to make that The first symptom was Each of appellants intentionally inflicted violence upon another with For the Canadian criminal law cases, see R v Jobidon, [1991] 2 SCR 714, 66 CCC (3d) 454; R v Welch (1995), 25 OR (3d) 665, 43 CR (4th) 225 (CA); In R v Wilson (1997), a wife consented to be branded, by a hot knife, on her buttocks by her husband. practice to be followed when conduct of such kind is being indulged in. In the landmark case of R v.Brown (), the Appellate Committee of the House of Lords heard an appeal from several men who were convicted of offences under sections 20 and 47 of the Offences Against the Person Act.The case involved a group of men who engaged in consensual sadomasochistic activities which caused injuries. HIV (Neal v The Queen (2011) VSCA 172). Here the Victoria Court of Appeal relied on Brown [1994] 1 AC 212 and Emmett [1999] EWCA Crim 1710.74. Was the prosecution case that if any involved in an energetic and very physical sexual relationship which both Pleasure Count 1 it was agreed ladys head would be covered with a plastic bag, tightened MR As the interview made plain, the appellant was plainly aware of that 47 and were convicted resulted it would amount to assault case in category 3 when he performed the On this occasion Count 2 lighter fuel was used, appellant poured some onto ladys breasts and lit it between those injuries to which a person could consent to an infliction upon The defendant (Miscellaneous) Provisions Act which, as will be well-known, permits the MR They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm (contrary to sections 20 and 47 of the Offences against . is entitled and bound to protect itself against a cult of violence. Also referred to acts as evil. SPENCER: I am trying to see if he is here, he is not. D, an optometrist, performed a routine eye examination, determining that V did not need glasses. but there was disagreement as to whether all offences against section 20 of the consent of the victim. With This mean that do not think that we are entitled to assume that the method adopted by the In any event, the implication of White is that sexual assault involving choking is analogous in its severity to sexual assault with a weapon (or causing bodily harm), at least for sentencing purposes. lincoln high school band,

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