mens rea would be trying to scare her as a practical joke. Before making any decision, you must read the full case report and take professional advice as appropriate. A prison sentence will also be given when the court believes the public must be Grievous bodily harm (GBH) and Wounding are the most serious of the non-fatal offences against the person, charged under s.18 and s.20 of the Offences Against the Persons Act 1861. His disturbing and relentless behaviour caused the victim to suffer from severe depression, insomnia and panic attacks. R v Bollom. Furthermore there are types of sentences that the court can impose Battery is the physical extension to assault and not only includes violence, but can mean any unwanted touching. In upholding his conviction Fulford J stated at paragraph 52 To use this case as an example, these injuries on a 6 foot adult in the fullness of health would be less serious than on, for instance, an elderly or unwell person, on someone who was physically or psychiatrically vulnerable or, as here, on a very young child. subjective, not only on the foresight of the risk, but also on the reasonableness of the He would be charged with battery and GBH s18 because the PC was In rejecting his appeal, the House of Lords extended the definition of inflict to situations where no physical force had been applied to the victim. something like this would happen but yet she still carried on by taking that risk and is a ABH In the meantime, another student used the hand-drier and was sprayed with the acid, causing injury. R v Lewis (1974) Which case decided that if GBH is used to escape arrest, it can be raised from S.20 GBH to S.18 GBH? punishment. restricting their activities or supervision by probation. Accordingly, inflict can be taken to mean the direct or indirect application of force, or the causing of psychiatric harm. the individual, R v Billinghurst (1978)- broken jaw swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. A wound is classified as a cut or break in the continuity of the skin. Inconsistencies exist within the provisions themselves. It should be noted that the ruling in Ireland and Burstow was keen to clarify that cause and inflict are not one and the same, however there is no case law at present that points to a distinguishable difference. R v Jones and Others (1986)- broken nose and ruptured spleen This button displays the currently selected search type. It uses outdated language that is now misinterpreted in modern Whether a jury may consider a victims particular sensitivities and characteristics in assessing the extent of harm. Actus reus is the conduct of the accused. The offences against the person act 1861 is clearly outdated and is interpreted in many She turned up at her sons work dressed in female clothes and he was humiliated. Applying the Eisenhower definition this element is satisfied if a break in the external skin arises from the defendants conduct. The act i, unless done with a guilty mind. To prove the offence, it must be shown that the defendant wounded or inflicted grievous bodily harm. 41 Q Which case said that GBH can be committed indirectly? Since this act was established in the 1800s it may not apply to crimes today. Flashcards. Subjective recklessness is that a defendant must The Court of Appeal held this was a misdirection as it did not correctly state that malicious included recklessness and that this is decided subjectively. R v Chan Fook (1994) Psychiatric harm can amount to ABH (however mere emotions can not) . In DPP v K, a schoolboy hid acid in a hand-drier, intending to remove it later. prison, doing unpaid work in the community, obeying a curfew or paying a fine. DPP v Smith (2006)- cutting Vs hair. R v Wilson [1984] AC 242 overruled Clarence in this regard and held this was not the case. An intent to wound is insufficient. In R v Johnson (Beverley) [2016] EWCA Crim 10; [2016] 4 WLR 57, at para. This was the situation until R v Martin (1881) 8 QBD 54. R V Bollom (2004) D caused multiple bruises to a young baby. A Direct intention (R v Mohan) or recklessness (R v Cunningham) as to cause some harm (R v Mowatt). ways that may not be fair. Q1 - Write a summary about your future Higher Education studies by answering the following questions. This does not marry up to wounding as society would understand it to be. There are also R v Ireland and Burstow [1997] UKHL 34 clarified that the harm does not have to be physical and that a serious psychiatric injury could amount to GBH. The draft Bill actually sets out a definition of injury in order to provide clear and specific, legally binding guidance as to what this entails. The court can take into consideration particular characteristics of the victim to decide whether the injuries amount to GBH . top of the stairs, Zeika was bound to fall especially if she is a person who gets scared easily. All of the usual defences are available in relation to a charge of GBH. Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily The answer heavily relies on the implied sporting consent principle. Following Ireland and Burstow this is definition is qualified in relation to psychiatric harm and there is no requirement for there to be any application of force whatsoever, either direct or indirect. PC is questionable. Held: The judge had been correct to say that what constituted grievous bodily harm had to be looked at in the context of the person harmed. It is the absolute maximum harm inflicted upon a person without it proving fatal. Whilst the injuries per se did not merit a charge of gross bodily harm under s. 18 of the Offences Against the Person Act, at first instance the judge directed the jury to consider the young age of the victim, resulting in the defendant being found guilty under s. 20, which the defendant subsequently appealed. d. MR don't need to foresee serious injury, just some . He said that the prosecution had failed to . Zeika was so terrified, she turned to run and fell down the stairs, breaking her, top of the stairs, Zeika was bound to fall especially if she is a person who gets scared easily, The actus reus for Jon is putting on a scary mask and hiding at the top of the stairs and the. In this case a gunshot wound that caused internal bleeding in the form of a ruptured blood vessel did not constitute a wound as the external skin was still intact. In JJC v Eisenhower, the victim was ht in the eye by a shotgun pellet, but because the bleeding only occurred beneath the surface, it was held not to amount to a wound. 2. Theyre usually given for less serious crimes. The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01. For example in Tuberville v Savage, the defendant threatened the victim, but then qualified the threat by stating that the threat wouldnt be carried out at that time, showing that he wasnt going to do anything. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. However, a cut could theoretically suffice where the greater level of harm was the intention. certain rules to comply, if they dont they may be sentenced. care as a nurse because its her job to look after her patients and make sure they are safe, The defendant caused bruising, abrasions and cuts to the baby's body which were claimed to be accidental, the D and V's mother blamed a third party. The main issues with the current law can be identified as follows: This is another hot topic for an essay question on these offences. It was a decision for the jury. Finally, the force which is threatened must be unlawful. The Court of Appeal therefore substituted a conviction for section 20 __GBH rather than section 18. foresee a risk or result and unreasonably go on to take the risk. Take a look at some weird laws from around the world! Bollom [2003]). whether such harm would be caused., Whosoever shall unlawfully and maliciously inflict any grievous bodily harm on another R v Ratnasabapathy (2009)- brain damage jail. Case Summary the lawful apprehension of any person, shall be guilty. 2003-2023 Chegg Inc. All rights reserved. criminal sentence. For example, punching someone in the face, intending to break their nose. For the purposes of this element of the actus reus it must first be shown that the harm was grievous. 6 of 1980 have established that a person may give valid consent to GBH, but only where it is in the public interest for them to do so (see Chapter 4.1 for a more in-depth discussion as to this). This could be done by putting them in prison, In addition, the defendant need not be in fear, i.e. A Causation- factual and legal. Actual bodily harm. something back, for example, by the payment of compensation or through restorative justice. His friend stole some money from the victim and ran off. If you are considering attempting this topic in an exam, then it will pay to do some further reading and also to conduct your own critical analysis of the two provisions. T v DPP (2003)- loss of consciousness Section 18 of the Offences Against the Persons Act 1861 provides: Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony. When expanded it provides a list of search options that will switch the search inputs to match the current selection. This was decided in R v Burstow, where the victim suffered sever depression as a result of being stalked by the defendant. Summary Week 1 Summary of the article "The Relationship between Theory and Policy in International Relations" by Stephen Walt, Critically analyse and compare Plato and Aristotles concept of the body and soul, 3 Phase Systems Tutorial No 1 Solutions v1 PDF, Pdf-order-block-smart-money-concepts compress, 04a Practice papers set 2 - Paper 1H - Solutions, Faktor-faktor yang mengakibatkan peristiwa 13 Mei 1969. drug addiction or alcohol abuse. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. It was held on appeal that in the circumstances it was unnecessary to define malicious as harm was clearly intended, however Diplock LJ in obiter offered guidance in relation to the meaning of malicious under s.20 stating at paragraph 426. Finally, a battery can also be caused by an omission. This is shown in the case of R v Cunningham (1957). Examples of GBH R v Billinghurst (1978)- broken jaw R v Saunders (1985)- broken nose R v Jones and Others (1986)- broken nose and ruptured spleen R v Aitken and Others (1992)- burns . For instance, there is no R v Savage (1991): The prosecution is not obliged to prove that D intended to cause some ABH or was reckless as to but because she didn't do this it comes under negligence and a breach of duty. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. R v Bollom (2014) 'In deciding whether injuries are grievous, an assessment has to be made of the effect of the harm on the individual. harm shall be liable Any assault fight is NOT one, must be a good reason for activity for consent to be a defence - HofL held sado-masochisitc behaviour was not one, - had agreement to act itself, activity (battery under s47) did cause harm so cannot rely on consent? TJ. This is known as indirect or oblique intention. In a problem question make sure to establish this point where a minor wound occurs as you need to show the examiner that you appreciate the difference between the Charging Standards and the binding legal definition of a wound. In section 18, the defendant must have intended to do some grievous bodily harm. Or can be reckless if high risk and consent is not sought for that risk R v Konzani 2005 DPP v Smith [1961] AC 290 explained that GBH should be given its ordinary and natural meaning, that is really serious harm. Age and frailty are factors that can be considered when deciding whether injuries are enough to be GBH. All offences will start in the magistrates court regardless of how severe it is PART 2 - The House of Commons: The most powerful of Parliament's two houses. Section 20 requires the infliction of GBH but a wound will qualify howsoever caused, thus making one type of harm theoretically easier to establish than the other arguably more serious type. the force for his arrest. As with any problem question on non-fatal offences against the person, make sure that you read the question in full first and check that the victim does not die as a result of the harm. After all, inflicting the same injuries to a strong and healthy 21 year old and a frail 90 year old will usually result in very different levels of harm and so the law should reflect this. The CPS Charging Standards do offer some guidance as to the type of injuries that may amount to GBH. The position is therefore R V R (1991) Husband can be guilty of raping his wife. Notably however, in the instance case, the defendants conviction for GBH under s. 18 was lessened to a charge of ABH under s. 47 as expert medical testimony suggested that the injuries sustained by the victim likely occurred over a prolonged period of time, rather than in the course of a single event, as would be necessary for a finding of GBH. For example, in relation to surgery, which in the absence of consent that would otherwise qualify as such unlawful harm. The actus reus for the offence can be broken down as follows: These criteria are satisfied in the same way as for the s.18 offence, with the only difference being in relation to the GBH which can be caused rather than inflicted. AR for battery = 'ABH is harm or injury calculated to interfere with health or comfort' - hysterical and nervous condition created by Miller from his beating, amounting to ABH, ABH/GBH can be psychiatric (affecting the brain) - no need for the harm to be visible, not the case with psychological issues -rang people then was silent, psychiatric problems can constitute ABH, not psychological - no evidence that he had assaulted her, causing ABH, the great stress that she had suffered lead to her suicide, this was insufficient, mens rea for ABH, just intent/recklessness for underlying assault or battery - intended to pour beer over women, using constructive liability she had the intent to cause the harm in ABH (cut by the glass), GBH is 'really serious' bodily harm - with policeman chasing him on Bonnet, D knocked policemen into path of oncoming driver, killing - used virtual certainty test for murder (what reasonable person), whether bodily harm is grievous is based on the individual - D convicted of GBH under s.18 for injuries he inflicted on his partner's 17 month old daughter - assess individual situation - could not prove it was all from one offence, lesser offence of ABH was used, harm need not be permanent or dangerous and is done in individual cases, psychiatric harm can amount to bodily harm, word inflict means 'cause' can be direct or direct -stalked her, had serious condition, those who recklessly transmit HIV and inflict GBH w/o consent is guilty under s.20 (only liable if foresaw possibility of passing on GBH) (however small) - despite no assault battery GBH made out, did not intend to maliciously poison - did not foresee, was just wanting money from gas meter - no ABH/GBH, to be liable under s.20 must intend/foresee SOME harm (not full extent) - did not foresee ANY harm, lacked mens rea, but did intend battery so can be liable under s.47 - not as hard as s.20 to prove - MUST IN OWN MIND FORESEE), consent only stands as a defence when the activity was carried out for good reason e.g. R v Bollom (2004) 2 Cr App R 6 The defendant was convicted of GBH under s.18 OAPA 1861 for injuries he inflicted on his partner's 17 month old daughter. unsatisfactory on the basis that it is unclear, uses old language and is structurally flawed. Grievous bodily harm/Wounding is also defined in the Offences Against the Person Act 1861. It can be seen from this that a general knowledge of PACE or indeed law in general is sufficient to identify that this is not a lawful detainment and therefore any reckless GBH or wounding caused by Tom in intending to resist the detainment by the police officer will be insufficient to satisfy the mens rea of s.18. This definition may seem surprising as it does not follow the usual understanding of wound which implies a more serious level of harm than a mere split in the skin, for which a pin prick could qualify. Beths statement indicates that she couldnt be bothered to turn Oliver JJC v Eisenhower [1984] QB 331 defines wounding as the breaking of both layers of the external skin: the dermis and the epidermis. D must cause the GBH to the victim. In light of these considerations, the correct approach is therefore to conduct an independent assessment of all the facts on a case by case basis. In this case the defendants father had undergone gender reassignment treatment to become a woman. Facts. The defendant felt threatened by the demands and knocked the victim to the floor, repeatedly punching him in the face. This is well illustrated by DPP v Smith, where the defendant cut off the victims pony tail and some hair from the top of her head without her consent. voluntary act is a willing movement to harm someone. culpability it is more likely a 5 years imprisonment with a fine due to the fact the police officer was required a brain surgery which is a severe case. It was not necessary to prove that the harm was life-threatening or dangerous or permanent. times. In this casethe defendant put a metal bar across the exit of a theatre, turned off the lights and then shouted fire, fire! which provoked people to run towards the exit where the bar was.
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