The Punishment Agreement

The Defendant and his wife had an understanding — the Defendant described it as an agreement — that if his wife consumed any alcoholic beverages and became intoxicated, the Defendant would physically punish her. His wife was a diagnosed alcoholic. On the day in question, she drank. Consistent with what the Defendant characterized as their arrangement, he "punished" her by severely beating her with his hands and other objects. His wife was badly injured. The Defendant was charged with atrocious assault and battery under New Jersey law. At trial, the Defendant admitted to the beating but argued that his wife had consented to the punishment arrangement, and that consent was a complete Defence to the criminal charge of assault and battery. The trial judge rejected the consent Defence and found the Defendant guilty. The Defendant appealed.