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and it must be a voluntary act that causes damage or harm. If the offence Since this act was established in the 1800s it may not apply to crimes today. As well as this, words can also negate a threat. The word grievous is taken to mean serious. The first point is that the apprehension being prevented must be lawful. Another way in which battery can occur is indirectly. He would be charged with battery and GBH s18 because the PC was The draft Bill proposed amending s.20 to create a new offence of recklessly causing a serious injury to another, with a maximum sentence of 7 years. Accordingly, the defendant appealed. As Zeika reached the top of the stairs, Jon jumped out and Test. R v Ratnasabapathy (2009)- brain damage Due to the requirement for the arrest to be lawful it is necessary to have some knowledge of the Police and Criminal Evidence Act (PACE) 1984 as to when an arrest will be lawful, however for examination purposes the examiner is not testing your knowledge of the Act and will make it easy for you. Once the level of harm has been quantified, it needs to be shown that the harm was inflicted by the defendant. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. His disturbing and relentless behaviour caused the victim to suffer from severe depression, insomnia and panic attacks. (DPP V Smith, R V Bollom) Mens rea: intention or recklessness to cause some harm (R V Parmenter) Malicious wounding section 20 offences against the Person act 1861 A fine and compensation-fines are the most common Consent is no defence to inflicting actual bodily harm, grievous bodily harm or wounding i.e., ss 20 and 47 Offences Against the Person Act 1861 (OAPA) voluntary act is a willing movement to harm someone. His intentions of wanting to hurt the turn Oliver as directed. This is known as indirect or oblique intention. The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs. This may be because it is impossible for the threat to be carried out. In DPP v K, a schoolboy hid acid in a hand-drier, intending to remove it later. There are also -- R v Bollom -- V's age and health should be taken into consideration when deciding if an injury can amount to GBH or not D must CAUSE V's wound: factual causation with BUT FOR and Pagett legal causation with OPERATIVE AND SUBSTANTIAL and Smith D must also cause V's GBH: both as above He does not inform Tom that he is being arrested and when later questioned by his colleague he fails to give a reason for making the arrest. - playing with fire proof suits, if self-administered, this breaks the chain of causation, substance noxious so long as it irritates another - can be so small a dose that add up, did not foresee actions causing harm =NO MR, unlawful act of administering noxious substance caused death -, best interests defence, unable to make decision themselves - woman mentally handicapped, sexual urges but did not understand pregnancy, would be traumatic - didn't want to separate from male (sterilised her in best interest), best interests - donate bone marrow to sister so she lives and can visit - cannot consent nor understand the circumstances, Caesarean in bet interest (was actually a battery), abolish defence of chastisement - charged with inflicting GBH, used defence - inhumane - may cases - should change legislation. His friend stole some money from the victim and ran off. words convey in their ordinary meaning. Reference this In deciding whether injuries are grievous, an assessment has to be made of, amongst other things, the effect of the harm on the particular individual. This obiter was confirmed in R v Savage [1991] 94 Cr App R 193. R. v. Ireland; R. v. Burstow. Lord Roskill set out that GBH may be inflicted either where the defendant has directly and violently assaulted the victim, or where the defendant has inflicted it by intentionally doing an act which, although it is not in itself a direct application of force to the body of the victim, it directly results in force being applied to the body of the victim, so that they suffer grievous bodily harm. Inconsistencies exist within the provisions themselves. Therefore, through relevant sporting caselaw, it will be critically examined whether a participant's injury-causing act is an . R v Bollom (2004) Which case decided that assault can be GBH if the victim inflicts GBH upon themselves in order to escape the defendant? Due to his injury, he may experience memory The normal rules of causation apply to determine whether ABH to V was occasioned by Ds assault. In the meantime, another student used the hand-drier and was sprayed with the acid, causing injury. which will affect him mentally. In R v Miller the court stated that actual bodily harm was any hurt or injury calculated to interfere with the health or comfort of the victim. Accordingly, inflict can be taken to mean the direct or indirect application of force, or the causing of psychiatric harm. 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. The gas seeped through small cracks in the wall to the neighbouring property where his future mother-in-law was sleeping and was poisoned by the gas. For example, a defendant punches a thin pain of glass that the victim is standing behind, intending to break the glass but realising that in doing that it is virtually certain that he will hit the victim, even though this is not his primary intention. 44 Q R v Saunders (1985)- broken nose who is elderly and bed bound, has suffered injuries as a consequence of not being turned as It was sufficient that they intended or could foresee that some harm would result. is no need for it to be permanent) should not be so trivial as to be wholly insignificant), R v Roberts (1972)- concussion; grazes R v Bollom (2004) R v Dica (2004) JCC v Eisenhower (1983) R v Burstow (1997) R v Dica (2004) MR Intention or subjective recklessness to cause some harm R v Parmenter (1991) Trial and sentencing Triable either way offence - In Crown or Magistrates - Max sentence 5 years custodial *You can also browse our support articles here >, Attorney Generals Reference no. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. the lawful apprehension of any person, shall be guilty. ), Actual Bodily harm and Grievous Bodily Harm, Criminal-LAW- Revision Consent, Liability, Defences AND Causation, Criminal LAW Revision - Theft Robber Burglary Neccesity, Public Law (Constitutional, Administrative And Human Rights Law) (LA1020), Politics and International Relations (L200), Introduction to English Language (EN1023), Extensive lecture notes from the lectures Equity and Trust Law 2013/14 (64 pages), Macroeconomics Class - Complete Set Of Lecture Notes, Principles of Fashion Marketing- Marketing Audit Report, Endocrinology - Lecture notes 12,13,14,15, 314255810 02 Importance of Deen in Human Life, Introduction To Accounting Summary/Revision Notes, Changes in Key Theme - Psychology Revision for Component 2 OCR, Q1 Explain the relationship between resilience and mental wellbeing, Social Area - Psychology Revision for Component 2 OCR. Harrow LBC V Shah 1999. Lecture Notes - Psychology: Counseling Psychology Notes (Lecture 1), Pdf-order-block-smart-money-concepts compress, 04a Practice papers set 2 - Paper 1H - Solutions, Buckeye Chiller Systems and the Micro Fin Joint Venture Case Study Solution & Analysis, Phn tch im ging v khc nhau gia hng ha sc lao ng v hng ha thng thng, Multiple Choice Questions Chapter 1 What is Economics, Acoples-storz - info de acoples storz usados en la industria agropecuaria. In order to address the many issues identified with the provisions, the Home Office presented a new draft Offences Against the Person Bill in 1998 which sought to mitigate the above issues. D dropped his partner's baby (V) during a night of drinking causing bruising on V's leg. This does not marry up to wounding as society would understand it to be. unless it can be established that the defendant was under a duty to care whereas a 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. Bollom [2003]). The mens rea of GBH __can be recklessness or intention. imprisonment or a large sum of fine. When expanded it provides a list of search options that will switch the search inputs to match the current selection. For example, punching someone in the face, intending to break their nose. This was decided in R v Burstow, where the victim suffered sever depression as a result of being stalked by the defendant. serious. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. In-house law team. Furthermore, that they intended some injury or were reckless as to the injury being caused. sentences are given when an offence is so serious that it is deemed to be the only suitable The facts of the cases of both men were similar. Inflict for this purpose simply means cause. 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 offence does not have to be life-threatening and can include many minor injuries, not just one major one. 2003-2023 Chegg Inc. All rights reserved. s47 because its harm to the body but not significant damage and shes broken a duty of One can go even further in the definition of the battery and argue that the touching of the hem of a skirt constitues a battery. PC is questionable. Originally the case of R v Cunningham [1957] 2 QB 396 considered this in relation to the Offences Against the Persons Act 1861 and held it to mean intention or subjective recklessness. Result The defendant made it clear that it was never her intention to actually throw the glass or harm the victim in anyway. The word actual indicates that the injury (although there 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. It may be for example. Direct intention is easy to comprehend; it is the very thing the defendant was actually intending to achieve when he did an act. This is shown in the case of, Physical act and mens rea is the mental element. In the case of R v Martin, the defendant placed an iron bar across the doorway of a theatre and then turned the lights off, causing panic. applying contemporary social standards, In deciding whether injuries are grievous, an assessment has to be made of the effect of the harm on unless done with a guilty mind. They can include words, actions, or even silence! assessment of harm done in an individual case in a contested trial will be a matter for the jury, 6 of 1980, A substantial loss of blood, usually requiring a transfusion, Those which require lengthy medical treatment or result in a period of incapacity, A permanent disability or loss of sensory functions, Dislocated joints, displaced limbs and fracturing to the skull. The act i, unless done with a guilty mind. The CPS Charging Standards do offer some guidance as to the type of injuries that may amount to GBH. The injuries consisted of various bruises and abrasions. The offence of battery is also defined in the Criminal Justice Act 1988, section 39. Looking to the enactment year of the Offences Against the Persons Act, which was back in 1861, provides some explanation as to why the two are treated with the same severity. something like this would happen but yet she still carried on by taking that risk and is a ABH Match. 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. Occasioning All of the usual defences are available in relation to a charge of GBH. It can be an act of commission or act of omission, The aim of sentencing an offender is to punish the offender which can include going to The Court explained inflict merely required force being applied to the body of the victim causing them to suffer GBH. The Court of Appeal referred the question to the House of Lords as to whether it was necessary under s.20 to establish that the defendant intended or was reckless as to the infliction of GBH or whether it was sufficient that the defendant foresaw some harm. It is the absolute maximum harm inflicted upon a person without it proving fatal. verdict. The appellant ripped a gas meter from the wall in order to steal the money in the meter. For example, hitting them or pushing them would suffice but chasing them and causing them to run into a wall or fall into a pit would not. drug addiction or alcohol abuse. For a s18 wounding charge to be bought the defendant must have intended really serious harm. His actus reus was pushing PC Adamski over and his mens rea was . A battery may occur as part of a continuing act. 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. This was a joined appeal of the defendants Mr Ireland and Mr Burstow. Subjective recklessness is that a defendant must This is well illustrated in the case of R v Nelson, where the Court of Appeal stated that What is required for common assault is for the defendant to have done something of a physical kind which causes someone else to apprehend that they are about to be struck. To understand the charges under each section first the type of harm encompassed by these charges must be established. something and achieving the aim for example this is shown in the case of R v Mohan (1976) Actual bodily harm. This led to several people injuring themselves whilst trying to open the door. R v Brady (2006)- broken neck PC Adamski required brain surgery after being pushed over and banging his head on a curb This was the situation until R v Martin (1881) 8 QBD 54. The OAPA needs reforming and should be replaced with new legislation. verdict D must cause the GBH to the victim. 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. R v Brown [1993] 2 All ER 75. The defendant and his friend were out in the early hours of the morning. Flower; Graeme Henderson), Tort Law Directions (Vera Bermingham; Carol Brennan), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Public law (Mark Elliot and Robert Thomas), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Human Rights Law Directions (Howard Davis), Electric Machinery Fundamentals (Chapman Stephen J. It should be noted that the if the defendant intended injury, they do not have to have intended serious injury. R v Bollom. R v Clarence (1888) 22 QBD 23 presupposed that inflict required an assault to occur, and thus a husband who gave his wife a sexually transmitted disease could not be guilty as she did not know he had the disease and consented to the contact, negating the assault. Only full case reports are accepted in court. There must be a cut to the whole of the skin so that the skin is no longer intact. R v Wilson [1984] AC 242 overruled Clarence in this regard and held this was not the case. It wasnt until the defendant decided to leave the car there that the battery occurred. After work the defendant and his cousin went over to his fathers house and attacked her, breaking her nose, knocking out three teeth, causing a laceration over the one eye, a concussion and heavy bruising. Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. Accordingly, as there is no strict legal test as to ascertaining what really serious harm is, it is necessary to look to case studies for guidance. Only an intention to kill or cause GBH i s needed to . We grant these applications and deal with this matter as an appeal. 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. take victim as you find them, bruising can be GBH. The offences against the person act 1861 is clearly outdated and is interpreted in many 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. 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. The offence of assault occasioning actual bodily harm is defined in the Offences Against the Person Act 1861, section 47. If the injuries are serious and permanent then they will amount to GBH, however permanence is not a pre requisite of GBH. In relation to this element of the mens rea, it is necessary for the prosecution also to prove the maliciously element. R v Aitken and Others (1992)- burns Whilst a s.20 offence may be committed recklessly, the s.18 offence specifically requires intention. and get an apology. 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. In this case the defendants father had undergone gender reassignment treatment to become a woman. apply the current law on specific non-fatal offences to each of the given case studies. In this case the defendant passed gonorrhoea to two children through poor hygiene. The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs. IMPORTANT:This site reports and summarizes cases. The actus reus for Beth would voluntary act and omission is that it does not make an individual liable for a criminal act, unless it can be established that the defendant was under a duty to care whereas a. voluntary act is a willing movement to harm someone. 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. 43 Q What is the mens rea for section 20 GBH? intended, for example R v Nedrick (1986). Tom is walking down the street and a police officer grabs him, handcuffs him and tries to force him into the back of a police car. Per Fulford J: We have no doubt that in determining the gravity of these injuries, it was necessary to consider them in their real context. ([]). Back then infection was common as tetanus shots, antibiotics were not as readily available as they are today, and people did not possess the knowledge of sterilisation, sanitation and treating wounds that we hold at present. The statutory policy is to apply pressure to those who have dissipated (or more usually laundered) their assets during a . In R v Constanza, the defendant wrote the victim letters which caused the victim to feel threatened, either now or in the future. DPP v Smith (2006)- cutting Vs hair. The actus reus of assault may be an act or an omission. 42 Q What else must be proved in GBH? The main issues with the current law can be identified as follows: This is another hot topic for an essay question on these offences. The defendant appealed against his conviction for causing grievous bodily harm. If the defendant intended to cause the harm, then he obviously intended to cause some harm. This was changed in R v Saunders, where the word really was removed from the definition so as to clarify the nature of the offence. 2003-2023 Chegg Inc. All rights reserved. This was reckless as proven by the actus reus but the mens rea which is the intention For example, dangerous driving. We have no doubt that in determining the gravity of these injuries, it was necessary to consider them in their real context. Law; Criminal law; A2/A-level; OCR; Created by: 10dhall; Created on: 15-06-17 21:14; What happened in this case? How much someone is Crimes can be divided into two categories: Conduct crimes To export a reference to this article please select a referencing style below: Free law resources to assist you with your LLB or SQE studies! whether such harm would be caused., Whosoever shall unlawfully and maliciously inflict any grievous bodily harm on another Due to the age of the Act and numerous issues identified with the offences set out there is lots of discussion surrounding reform of the law in relation to the s.18 and s.20 offences. Bodily harm has its ordinary meaning and includes any hurt or injury calculated to interfere with the For the purposes of intention to cause GBH the maliciously element of the mens rea imposes no further requirement. S.20 Offences Against The Persons Act - to unlawfully and maliciously wound or inflict any Grievous Bodily Harm without intent, A wounding is a break in all layers of the skin, There is no difference between serious and really serious harm, Accumulation of minor injury can amount to GBH, The court can take into consideration particular characteristics of the victim to decide whether the injuries amount to GBH, Psychiatric injury can amount to GBH - the woman was diagnosed with having a severe depressive illness, Possible to inflict biological GBH (by transmitting HIV or a similar STD, Foresight of some physical harm only is required, Did the D appreciate that there was some risk involved, Must foresee that some harm may be suffered, Only required to be foresight that some harm may occur, not that it would occur.