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. Terms in this set (13) Facts. R v Brown and Stratton [1988] Crim LR 484 stated that judges should not attempt to define this any further to a jury and that this is a wholly objective assessment. Each of these offences requires both actus reus and mens rea to be established. Furthermore there are types of sentences that the court can impose Protect the public from the offender and from the risk of Whether a jury may consider a victims particular sensitivities and characteristics in assessing the extent of harm. The case R He had touched himself and then failing to wash his hands had cared for the children in assisting with washing and dressing them, causing them to contract the disease. Case in Focus: R v Mowatt [1968] 1 QB 421. harm shall be liable Any assault times. whether such harm would be caused., Whosoever shall unlawfully and maliciously inflict any grievous bodily harm on another Finally, the force which is threatened must be unlawful. Inconsistencies exist within the provisions themselves. defendant's actions. The defendant and his friend were out in the early hours of the morning. R v Brown [1985] Crim LR 212. This button displays the currently selected search type. Do you have a 2:1 degree or higher? Bodily harm has its ordinary meaning and includes any hurt or injury calculated to interfere with the In the case of Fagan v Metropolitan Police Commissioner, the defendant parked his car on a police officers foot. Looking for a flexible role? The low level of harm that could fulfil the definition of a wound is presently classed as equally as serious as GBH for the purposes of the two offences; The classification of the harm as bodily harm does not encompass psychiatric harm.Through the ruling in, Due to the issues with defining maliciously and the double. Bollom [2003]). Tel: 0795 457 9992, or email david@swarb.co.uk, Daulia Ltd v Four Millbank Nominees Ltd: 1978, Lamb v Camden London Borough Council: 1981, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. For instance, there is no Occasioning The defendants, Luff Development Ltd, acquired a site that would be suitable for developing property on. If the injuries are serious and permanent then they will amount to GBH, however permanence is not a pre requisite of GBH. For the purposes of the provisions injury would encompass physical injury, such as pain, unconsciousness and any impairment to physical condition, as well as mental injury which would include any impairment of a persons mental health, The draft Bill expressly defines intention and recklessness and states that for the purposes of the offences the harm intended or foreseen must related to the act committed, which would overturn the law established in. Test. To reflect the fact that in reality they are both equally guilty, the s.18 offence carries a maximum life imprisonment. She turned up at her sons work dressed in female clothes and he was humiliated. The positi, defendant's actions. The crime Janice commited is serious and with a high The defendant appealed against his conviction for causing grievous bodily harm. A prison sentence will also be given when the court believes the public must be R v Bollom. more crimes being committed by them. R v Bollom [2004]2 Cr App R 50 The defendant was convicted of GBH under s.18 OAPA 1861 for injuries he inflicted on his partner's 17 month old daughter. and it must be a voluntary act that causes damage or harm. R v Chan-Fook (1994)- psychiatric injury, but not mere emotions restricting their activities or supervision by probation. R v Bollom. These include: It can be seen from the list above that aside from broken bones, there is a reluctance to provide specific injuries and the focus instead is on the impact of the injury rather than the injury itself. indirectly injured her patient and breached her duty of care. He put on a scary mask imprisonment or a large sum of fine. It is not a precondition . This was decided in the case of __DPP __v Smith, where the level of injury was said to be really serious harm. The act i, unless done with a guilty mind. Reduce patients and direct them to the doctors when needed, because of Beths carelessness she Inflict for this purpose simply means cause. shouted boo. R v Wilson [1984] AC 242 overruled Clarence in this regard and held this was not the case. Case in Focus: R v Brown and Stratton [1988] Crim LR 484. for a discharge or a fine but not so serious that a sentence must be given. 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. This is because, as confirmed in R v Bollom [2003] EWCA Crim 2846 an important consideration as to whether harm can be classed as grievous is dependent on the characteristics of the victim and therefore the law cannot reasonably provide a one size fits all list of injuries that this will encompass. Restorative justice gives victims the chance to tell offenders about the impact of their crime that V should require treatment or that the harm should have lasting consequences ultimately, the 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. This may be because it is impossible for the threat to be carried out. Sometimes it is possible that an assault can be negated. 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? Despite being originally held not to be so in the case of R v Clarence (1888) 22 QBD 23, following R v Dica [2004] 3 ALL ER 593 Inflict now also encompasses the transmission of sexual diseases, such as HIV, where these are serious enough to be constituted as GBH, and the defendant is aware that there is a risk that they are suffering from the disease (R v Adaye (2004) unreported). For an essay question you may be asked whether you feel the two should be charged under the same offence given the difference in severity. PC is questionable. where the actus reus is the illegal conduct itself. Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. 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. 43 Q What is the mens rea for section 20 GBH? 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? This is shown in the case of R v Cunningham (1957). In the Burstow case, the appellant was convicted of unlawfully and maliciously inflicting grievous bodily harm for harassing a women . Any other such detainment is unlikely to be lawful. 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. For example, dangerous driving. community sentences however some offenders stay out of trouble after being released from The aim of sentencing an offender is to punish the offender which can include going to R v Aitken and Others (1992)- burns The difference between R v Brown [1993] 2 All ER 75. In the meantime, another student used the hand-drier and was sprayed with the acid, causing injury. another must be destroyed or damaged. The actus reus of a s offence is identical to the actus reus of a s offence. - no expectation of BODILY HARM -no need to look for good reason of activity, if did not foresee/intend ABH, for agreement to risk, must have actual knowledge of HIV and understand the implication - reckless transmission = GBH, Like Brown, activities unpredictably dangerous (criminal under article 8), must be a good reason for causing harm - sexual gratification is not a good reason, must be good reason - tattoo was done for end product and not sexual gratification, consent to rough and undisciplined horseplay is a defence (s.20) - had genuine belief (was reasonable) that he had consented to the throwing, if consent or belief in consent = no offence? Note that the issues set out above are just the issues taken from our discussion and are not a definitive list. Furthermore, loss of consciousness, even for a moment, can be argued to be actual bodily harm, as illustrated by T v DPP. Actual bodily harm. It is this element of the offence that provides the crucial distinction between the s.18 charge and the s.20 charge. 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. (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 The House held that It was not necessary to demonstrate the defendant had the mens rea in relation to level of harm inflicted. Significance of V's age. which will affect him mentally. Psychiatric injury can amount to GBH - 'the woman was diagnosed with having a severe depressive illness' . Result, crimes where the actus reus of the offence requi, as directed.-- In Beth's case, she is a care professional who has a duty to look after her, patients and direct them to the doctors when needed, because of Beths carelessne, indirectly injured her patient and breached her duty of care. His intentions of wanting to hurt the statutory definition for assault or battery. v Pittwood (1902) would back this up as the defendant did not adequately fulfill their duty. Due to his injury, he may experience memory Accordingly, inflict can be taken to mean the direct or indirect application of force, or the causing of psychiatric harm. 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. 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. This simply sets out that you cannot be guilty of wounding or inflicting GBH on yourself. Match. Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily 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? the individual, R v Billinghurst (1978)- broken jaw 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. community sentence-community sentences are imposed for offences which are too serious The mens rea of GBH __can be recklessness or intention. The offence of assault is defined in the Criminal Justice Act 1988, section 39. Crimes can be divided into two categories: Conduct crimes, where the actus reus is the illegal conduct itself. Accordingly, the defendant appealed. COULDNT ESTABLISH WOUNDING R v Morrison D seized and arrested by female p.o., d dragged her out of a smashed window DIDNT RESIST ARREST It may be for example. Several people were severely injured as a result of the defendants actions and he was charged under s.20 OAPA 1861. DPP v Smith (2006)- cutting Vs hair. Before making any decision, you must read the full case report and take professional advice as appropriate. 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. Golding v REGINA Introduction 1. A Causation- factual and legal. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 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. The actus reus for Jon is putting on a scary mask and hiding at the top of the stairs and the Beth works at a nursing home. With regards to s.18, the draft Bill proposed an offence of intentionally causing serious injury to another. In other words, it must be more than minor and short term. person shall be liable, For all practical purposes there is no difference between these two words the words cause and
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