Teeteringhead
Apparently the precedent was used - or tried to be so - with some strange chaps who, consensually and apparently for fun, were nailing each other's willies to bits of wood.....
Without wishing to be pedantic (I am in court and bored listening to the prosecution going through schedules of bank accounts) Aitken and others was heard by the Court of Appeal on the 5th May 1992 and is reported at [1992] 1 W.L.R. 1006. The sado-masochist case (Operation Spanner) was heard by the Court of Appeal on the 19th February 1992 and by the House of Lords on the 11th March 1993. R v Brown reported [1992] Q.B. 491 and [1994] 1 A.C. 212 respectively. Neither case was cited in the other. In Brown the issue was whether the 'victim' could voluntarily consent to serious bodily harm. In Aitken the issue went beyond consent but whether the JA had correctly directed the court on the circumstances in which the appellants could/should have foreseen the risk of harm arising.