26 August 2010

She Cut Me

The Telegraph reports, "Dr Wendy Chapman could be struck off for alleged role in Bloodgate scandal", which explains,

"Dr Wendy Chapman faces a GMC Fitness to Practice hearing in Manchester which will consider allegations that she deliberately cut the lip of Harlequins wing Tom Williams to cover up his use of a fake blood capsule.

The GMC alleges that Dr Chapman’s conduct was “likely to bring the profession into disrepute and was dishonest”.

Chapman, an A&E consultant at Maidstone Hospital, was working as Harlequins’ match-day doctor during the Heineken Cup quarter-final against Leinster. She was suspended in September last year after her alleged role in the affair was revealed, and could face being struck-off if the three-member GMC panel believe her conduct was serious enough to warrant the most severe penalty at its disposal.

My question is ... why isn't she being prosecuted for assaults occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act 1861 and wounding contrary to section 20 of the Act of 1861 (24225 Vict. c. 100)?

When I first read about Dr Chapman's behaviour, I immediately thought of the notorious case of,

R v Brown [1992] UKHL 7 (11 March 1993)

a case which concerned a group of people who consensually inflicted harm upon one another. The group of people were sadomasochists, they filmed one another inflicting harm upon each other, they then distributed the resulting video footage amongst other members of the group. Throughout, everything was consensual.

These people were prosecuted and convicted, why not Chapman?

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