R v Aitken [1992] 95 Cr App R 304

Some RAF pilots were taking part in horseplay to which Victim consented. During the horseplay he received serious burns.

The judge gave directions on “maliciously” (if the Defendants foresaw some harm) but did not direct on what was meant by “unlawful” except that it was beyond horseplay.

Defendants were convicted of GBH (grievous bodily harm) under s.20.

CA allowed their appeals on the basis that Defendants did consent and that consent to undisciplined, rough horseplay, such as that which Victim had been involved in throughout the night, was not itself unlawful.