Breaking only one layer of skin would be insufficient, such as a cut to the inside of someones cheek. If this is evidenced, then the actus reus for the s.20 offence is satisfied and it is not necessary to prove the GBH element in addition for a charge to be available as this is an alternative element. Assault occurswhen a person intentionally or recklessly causes another to apprehend immediate unlawful personal violence. Therefore the maximum sentence for ABH s47 is 5 years of imprisonment. decides not to give a criminal conviction, they will be given a discharge. If the injuries are serious and permanent then they will amount to GBH, however permanence is not a pre requisite of GBH. Psychiatric injury can amount to GBH - 'the woman was diagnosed with having a severe depressive illness' . serious. Are there any more concerns with these that you can identify yourself? This obiter was confirmed in R v Savage [1991] 94 Cr App R 193. The positi, defendant's actions. Should the particular circumstances and vulnerabilities of a victim be considered by a jury in determining whether injuries which may usually be viewed as assault or actual bodily harm could be prosecuted as a more severe offence. Such hurt need not be permanent, but must be more than transient and trifling. Microeconomics - Lecture notes First year. Test. R v Brown [1993] 2 All ER 75. 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. . R v Chan-Fook (1994)- psychiatric injury, but not mere emotions Often such injuries did get infected and lead to death. R v Burgess [1991] 2 WLR 1206. Inflict for this purpose simply means cause. Case in Focus: R v Cunningham [1957] 2 QB 396. Intending to humiliate her, the defendant threw the contents of a drink over the victim. Reference this Bollom [2003]). The defendant felt threatened by the demands and knocked the victim to the floor, repeatedly punching him in the face. The Court of Appeal therefore substituted a conviction for section 20 __GBH rather than section 18. 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). Just because a defendant intends to avoid arrest this does not automatically mean that he intends harm or is subjectively reckless as to whether some harm will be caused. 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. Following the case law, it can be properly stated that the mens rea of maliciously is in other words, a foresight by the defendant of a risk of some harm occurring. His disturbing and relentless behaviour caused the victim to suffer from severe depression, insomnia and panic attacks. His appeal was allowed, holding that the correct interpretation of maliciously for the purposes of s.20 is intent or a subjective appreciation of the risk of harm and being reckless as to that harm occurring. Flower; Graeme Henderson), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Tort Law Directions (Vera Bermingham; Carol Brennan), Introductory Econometrics for Finance (Chris Brooks). This was the situation until R v Martin (1881) 8 QBD 54. The first point is that the apprehension being prevented must be lawful. Flashcards. 44 Q 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. He would be charged with battery and GBH s18 because the PC was R v Tierney (2009): on a s charge, a conviction of assault or battery is an alternative Dica (2005) D convicted of . Intention to do some grievous bodily harm. Any other such detainment is unlikely to be lawful. 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. Match. 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). The offence of battery is also defined in the Criminal Justice Act 1988, section 39. 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. 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? In the case of Fagan v Metropolitan Police Commissioner, the defendant parked his car on a police officers foot. intended, for example R v Nedrick (1986). scared, they just have to hold the belief that violence will occur. DPP v Smith [1961] AC 290 explained that GBH should be given its ordinary and natural meaning, that is really serious harm. Entertainment the Painful Process of Rethinking Consent, https://www.lawinsport.com/topics/item/the-role-and-extent-of-criminal-sanctions-in-sport#references, The Regulation of on-the-ball Offences: Challenges in Court, Perceptions of Playing Culture in Sport: The Problem of Diverse Opinion in the Light of Barnes. R v Brown (Anthony) [1994] 1 AC 212. by Will Chen; 2.I or your money back Check out our premium contract notes! R v Brown [1985] Crim LR 212. A direct intention is wanting to do person shall be liable, For all practical purposes there is no difference between these two words the words cause and unless it can be established that the defendant was under a duty to care whereas a subjective, not only on the foresight of the risk, but also on the reasonableness of the turn Oliver as directed. another must be destroyed or damaged. establish the mens rea of murd er (R v Vick ers [1957]). Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01. 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. the force for his arrest. AR - R v Burstow. Key point. Result 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 The crime Janice commited is serious and with a high On this basis the jury convicted and the defendant appealed. The defendant made it clear that it was never her intention to actually throw the glass or harm the victim in anyway. Test. jail. Actual bodily harm. If the offence The act i, unless done with a guilty mind. Consider that on a literal interpretation a paper cut could constitute a wound which is clearly vastly less serious than the level of harm encompassed by GBH so it seems wrong that they are classed as equally serious for the purposes of charging! 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. 43 Q What is the mens rea for section 20 GBH? This simply sets out that you cannot be guilty of wounding or inflicting GBH on yourself. The defendant tried to appeal the charge on the basis that he believed inflict to require the direct application of force but the Court held that this was not the case as direct force was sufficient for the purposes of inflicting harm. R v Bollom would back this case as her injury was serious. At trial the judge directed the jury that must convict if the defendant should have foreseen that the handling of his infant son would result in some harm occurring to the child. 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. 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. v Pittwood (1902) would back this up as the defendant did not adequately fulfill their duty. foresee a risk or result and unreasonably go on to take the risk. 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. R v Parmenter. Therefore, through relevant sporting caselaw, it will be critically examined whether a participant's injury-causing act is an . - 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? He said that the prosecution had failed to . It was presupposed to mean a direct application of harm with the understanding that a s20 offence required the GBH to be caused directly to the victim. 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. In relation to this element of the mens rea, it is necessary for the prosecution also to prove the maliciously element. Bodily harm has its ordinary meaning and includes any hurt or injury calculated to interfere with the Martin, R v (1881) 8 QBD 54; Thomas, R v (1985) Subscribe on YouTube. something and achieving the aim for example this is shown in the case of, however indirect intention is wanting to do something but the result was not what it was, foresee a risk or result and unreasonably go on to take the risk. The offence of assault occasioning actual bodily harm is defined in the Offences Against the Person Act 1861, section 47. 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 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. 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. Terms in this set (13) Facts. Case Summary Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, The normal rules of causation apply to dete, is no need for it to be permanent) should not be so tr, Introductory Econometrics for Finance (Chris Brooks), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. Such injuries would have been less serious on a grown adult, and the jury could properly allow for that. Flashcards. Actus reus is the conduct of the accused. The injuries consisted of various bruises and abrasions. *You can also browse our support articles here >. Sometimes it is possible that an assault can be negated. fined depends on how severe the crime is and the offenders ability to pay. community sentence-community sentences are imposed for offences which are too serious A two-inch bruise for example on said 20-year-old might be painful but not really serious, whereas on a new born baby this would likely be indicative of a very severe risk to the health of the child. Assault occasioning ABH is defined as an assault which causes Bodily Harm (ABH). This was decided in R v Burstow, where the victim suffered sever depression as a result of being stalked by the defendant. For instance, there is no Physical act and mens rea is the mental element. This case exemplifies the type of harm that will be considered as GBH. directed by the doctor. Simple and digestible information on studying law effectively. In this case the defendant passed gonorrhoea to two children through poor hygiene. Held: The judge had been correct to say that what constituted grievous bodily harm had to be looked at in the context of the . georgia_pearce51. He put on a scary mask There is criticism with regards to the definition of wounding which can be satisfied by a very low level of harm, for example a paper cut. a 17 month old baby had bruising to her abdomen both arms and left legs d charged with s18 gbh. The defendant inflicted various injuries upon his partners seventeen month old child, including bruises and cuts. R v Jones and Others (1986)- broken nose and ruptured spleen His friend stole some money from the victim and ran off. 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. (i) Intention to do some grievous bodily harm or (ii) with intention to resist or prevent the lawful apprehension or detainment of any person. any person with intent to do some GBH to any person, or with intent to resist arrest or prevent Each of these offences requires both actus reus and mens rea to be established. Once the level of harm has been quantified, it needs to be shown that the harm was inflicted by the defendant. 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. 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. It should be noted that intention is a subjective concept and the court is concerned entirely with what the defendant was intending when he committed the offence and not what a reasonable person may have perceived him to be intending. Answering a homicide question in terms of s.18 and s.20 offences is an easy way to lose marks in an exam and one which can be avoided! 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. Whilst a s.20 offence may be committed recklessly, the s.18 offence specifically requires intention. R. v. Ireland; R. v. Burstow. Obiter in R v Mowatt [1968] 1 QB 421 extended this further to suggest that there is no need for intention or recklessness as to causing GBH or wounding; mere intention or recklessness as to the causing of some physical harm, albeit it very minor harm, will suffice.
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