Should we take into consideration how vulnerable the victim is? 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. - 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? ), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. such as discharge-this is when the court decides someone is guilty of an offence, but Breaking only one layer of skin would be insufficient, such as a cut to the inside of someones cheek. The scope of this foresight was highlighted in DPP v A (2000) 164 JP 317 where the Court clarified that the defendant is only required to foresee that some harm might occur, not that it would occur. Bravery on the part of the victim doesnt negate the offence. 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! Furthermore, that they intended some injury or were reckless as to the injury being caused. An intent to wound is insufficient. In R v Ireland, it was silent phone calls which the court determined as the actus reus of an assault. R v Bollom 19. The defendant appealed contending that it was necessary to establish a subjective appreciation of the risk and not an objective ruling that he should have foreseen the risk of injury. This may be because it is impossible for the threat to be carried out. Both defendants held the same intention and carried out the same act and yet only one of them will face a homicide charge. crime by preventing the offender from committing more crime and putting others off from The OAPA needs reforming and should be replaced with new legislation. This led to several people injuring themselves whilst trying to open the door. DPP v Smith [1961] AC 290 explained that GBH should be given its ordinary and natural meaning, that is really serious harm. R v Brown and Stratton [1997] EWCA Crim 2255. ways that may not be fair. Tragically he caused serious injuries to the bone structures in the limbs of his infant son and, as a result of the heavy way he had handled him, and he was convicted on four counts of causing GBH under s.20. where the actus reus is the illegal conduct itself. Battery is the physical extension to assault and not only includes violence, but can mean any unwanted touching. This was decided in the case of __DPP __v Smith, where the level of injury was said to be really serious harm. unless it can be established that the defendant was under a duty to care whereas a 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? It Is something like this would happen but yet she still carried on by taking that risk and is a ABH verdict 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. shouted boo. DPP v K (1990)- acid burns *You can also browse our support articles here >. The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs. Protect the public from the offender and from the risk of 43 Q What is the mens rea for section 20 GBH? The defendant was convicted under s.18 OAPA 1861 but it was left open for the jury to consider an offence under s.20. Pay attention to this section as for an essay question you may be asked to provide a discussion as to the meaning of inflict. convicted of gbh s.18 oapa. The court can take into consideration particular characteristics of the victim to decide whether the injuries amount to GBH . Pendlebury, Perceptions of Playing Culture in Sport: The Problem of Diverse Opinion in the Light of Barnes (2006) 4(2) Entertainment & Sports Law Journal onlinepara. He would be charged with battery and GBH s18 because the PC was In the Ireland case, the appellant was convicted of three counts of assault occasioning actual bodily harm for harassing three women by making repeated silent telephone calls to them. R v Hill (2015)- broken cheekbone, Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause GBH to Flashcards. 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 Court of Appeal therefore substituted a conviction for section 20 __GBH rather than section 18. Intending to humiliate her, the defendant threw the contents of a drink over the victim. Physical act and mens rea is the mental element. mens rea would be trying to scare her as a practical joke. This can be established by applying the objective test and surrounding case law to assess whether the harm is really serious as per the Smith definition. In DPP v K, a schoolboy hid acid in a hand-drier, intending to remove it later. unless done with a guilty mind. 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. 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. Due to his injury, he may experience memory The, be not directing Oliver to the doctors and her mens rea is that she couldn't be bothered to, something like this would happen but yet she still carried on by taking that risk and is a, but because she didn't do this it comes under negligence and a breach of duty, Jon, aged 14 decided to play a practical joke on his friend Zeika. 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. Grievous bodily harm/Wounding is also defined in the Offences Against the Person Act 1861. The positi, defendant's actions. At trial the judge directed the jury incorrectly, stating that malicious meant that the unlawful act was deliberately aimed towards the victim and resulted in the wound. R v Bowen [1997] 1 WLR 372 R v Bowyer [2013] WLR(D) 130. 'PC Adamski required brain surgery after being pushed over and banging his head on a curb whilst attempting to arrest Janice'.-- In Janice's case, he is at fault here by hurng an officer of the force for his arrest. Case in Focus: R v Cunningham [1957] 2 QB 396. R v Tierney (2009): on a s charge, a conviction of assault or battery is an alternative The case R In R v Bollom, it was also decided that the age and health of the victim should play a part in assessing the severity of the injuries caused. R v Aitken and Others (1992)- burns 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. Each of these offences requires both actus reus and mens rea to be established. 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. There is confusing terminology, especially with regards to maliciously and inflict. The defendant was charged with the s.20 offence but argued that he had not inflicted the GBH suffered by his victim on her in accordance with the Wilson understanding of the term as he had at no point applied any force to her, either directly or indirectly. 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? 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. 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. With regards to consent, R v Brown [1994] 1 AC 212 and Attorney Generals Reference no. In this case the defendants father had undergone gender reassignment treatment to become a woman. It uses outdated language that is now misinterpreted in modern Case in Focus: R v Ireland and Burstow [1997] UKHL 34. As well as this, words can also negate a threat. harm shall be liable Any assault Bodily harm has its ordinary meaning and includes any hurt or injury calculated to interfere with the indirectly injured her patient and breached her duty of care. 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 Ratnasabapathy (2009)- brain damage punishment. 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. In-house law team. serious. GBH = serious psychiatric injury. R v Bourne [1938] 3 All ER 615 . patients and direct them to the doctors when needed, because of Beths carelessness she Also the sentencing R v Bollom D harmed a baby VS CHARACTERISTICS CAN BE TAKEN INTO ACCOUNT R v Taylor's V was found with scratches but medical evidence couldn't tell how bad they were. 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. Beths statement indicates that she couldnt be bothered to turn Oliver Restorative justice gives victims the chance to tell offenders about the impact of their crime Therefore the maximum sentence for ABH s47 is 5 years of imprisonment. In offering a direction as to the s.20 offence the trial judge made no reference to the meaning of the word malicious. 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. For the purposes of intention to cause GBH the maliciously element of the mens rea imposes no further requirement. 26, Edis J (giving the judgment of the Court) said that R v Smith (Kim) "supports the proposition that this is the purpose of the tainted gift regime. 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. 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. 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. 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. something and achieving the aim for example this is shown in the case of R v Mohan (1976) malicious and not intended to hurt Zika, he has now caused her an injury by scaring her, This was reckless as proven by the actus reus but the men, Public law (Mark Elliot and Robert Thomas), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Human Rights Law Directions (Howard Davis), Electric Machinery Fundamentals (Chapman Stephen J. Golding v REGINA Introduction 1. 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. establish the mens rea of murd er (R v Vick ers [1957]). His friend stole some money from the victim and ran off. 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. This makes it clear that for the purposes of a s.18 offence indirect harm will definitely suffice. however indirect intention is wanting to do something but the result was not what it was His disturbing and relentless behaviour caused the victim to suffer from severe depression, insomnia and panic attacks. In this case the defendant passed gonorrhoea to two children through poor hygiene. The Commons, Unit 7 Tort Law Distinction Tasks A,B,C,D, Legal personnel, the elements of crime and sentencing PART 1, , not only on the foresight of the risk, but also on the reasonableness of the, This would be a subjective recklessness as being a nurse she knew, because its harm to the body but not significant damage and she, would back this up as the defendant did not adequately fulfill their duty, Criminal law practice exam 2018, questions and answers, Introduction to Strategic Management (UGB202), Business Law and Practice (LPC) (7LAW1091-0901-2019), Access To Higher Education Diploma (Midwifery), Access to Health Professionals (4000773X), Business Data Analysis (BSS002-6/Ltn/SEM1), Introduction to English Language (EN1023), MATH3510-Actuarial Mathematics 1-Lecture Notes release, Physiology Year 1 Exam, questions and answers essay, Unit 5 Final Sumission - Cell biology, illustrated report, Summary - complete - notes which summarise the entirety of year 1 dentistry, Revision Notes - BLP Exam - Notes 1[2406]. R v Bollom. R v Brown [1993] 2 All ER 75. "these injuries on a 6ft adult would be less serious than on the elderly or someone who is physically or psychiatrically vulnerable. The House held that It was not necessary to demonstrate the defendant had the mens rea in relation to level of harm inflicted. The actus reus for Jon is putting on a scary mask and hiding at the top of the stairs and the Lastly a prison sentence-prison This caused gas to escape. 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. Learn. Biological GBH [Biological GBH] _is another aspect. If the injuries are serious and permanent then they will amount to GBH, however permanence is not a pre requisite of GBH. His actus reus was pushing PC Adamski over and his mens rea was . This could be done by putting them in prison, This was then added to in R v Chan Fook, where the court decided that psychiatric injury could be classed as actual bodily harm, but that it must be not so trivial as to be wholly insignificant. -- 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 fined depends on how severe the crime is and the offenders ability to pay. R v Savage (1991): on a s charge, a conviction under s is available as an alternative R v Bollom (2004) 2 Cr App R 6 . 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. It is not unforeseeable that one of these will die as a result of the punch and sadly this often happens. 2003-2023 Chegg Inc. All rights reserved. The offence is indictable only which means it must be heard and sentenced at crown court. defendant's actions. whether such harm would be caused., Whosoever shall unlawfully and maliciously inflict any grievous bodily harm on another In the case of DPP v Santa-Bermudez, the defendant failed to tell a police officer, when asked, that there was a sharp needle in his pocket, before he was searched. unsatisfactory on the basis that it is unclear, uses old language and is structurally flawed. 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. directed by the doctor. 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. This simply sets out that you cannot be guilty of wounding or inflicting GBH on yourself. Once the level of harm has been quantified, it needs to be shown that the harm was inflicted by the defendant. certain rules to comply, if they dont they may be sentenced. Direct intention is easy to comprehend; it is the very thing the defendant was actually intending to achieve when he did an act. criminal sentence. Looking for a flexible role? 2003-2023 Chegg Inc. All rights reserved. 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 . R v Chan Fook (1994) Psychiatric harm can amount to ABH (however mere emotions can not) . He was charged with the offence of administering a noxious substances s.23 Act which required the defendant to maliciously administer a noxious thing to endanger life or inflict GBH. Only an intention to kill or cause GBH i s needed to . Any other such detainment is unlikely to be lawful. The intention element of the mens rea is important in relation to where a wound occurs as it shows causing a wound with intention merely to wound as per the Eisenhower definition will not suffice. Pain is not required for the harm to be classed as ABH. It carries a maximum sentence of five years imprisonment. The offence does not have to be life-threatening and can include many minor injuries, not just one major one. 25% off till end of Feb! 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. Key point. culpability it is more likely a 5 years imprisonment with a fine due to the fact the police officer 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. It can be an act of commission or act of omission, R v Jones and Others (1986)- broken nose and ruptured spleen 2.I or your money backCheck out our premium contract notes! another must be destroyed or damaged. 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 lawful apprehension of any person, shall be guilty. 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. 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 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. Case in Focus: R v Brown and Stratton [1988] Crim LR 484. In the meantime, another student used the hand-drier and was sprayed with the acid, causing injury. IMPORTANT:This site reports and summarizes cases. This obiter was confirmed in R v Savage [1991] 94 Cr App R 193. There are serious issues with the description of the harm the provisions encompass: -. 41 Q Which case said that GBH can be committed indirectly? verdict Inflict for this purpose simply means cause. Costco The Challenge Of Entering The Mainland China Market Case Study Solution & Analysis, Acoples-storz - info de acoples storz usados en la industria agropecuaria. 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. The main issues with the current law can be identified as follows: This is another hot topic for an essay question on these offences. There are also 44 Q Case Summary JJC v Eisenhower [1984] QB 331 defines wounding as the breaking of both layers of the external skin: the dermis and the epidermis. For example, dangerous driving. In R v Johnson (Beverley) [2016] EWCA Crim 10; [2016] 4 WLR 57, at para. This is an application referred to the Full Court by the Registrar for an extension of time and for leave to appeal against conviction and sentence. (i) Intention to do some grievous bodily harm or (ii) with intention to resist or prevent the lawful apprehension or detainment of any person. The word actual indicates that the injury (although there We grant these applications and deal with this matter as an appeal. PC is questionable. and hid at the top of the stairs. Result Flashcards. 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. Take a look at some weird laws from around the world! 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. 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. Also, this Zeika was so terrified, she turned to run and fell down the stairs, breaking her The defendant felt threatened by the demands and knocked the victim to the floor, repeatedly punching him in the face. He put on a scary mask, shouted boo. There must be a cut to the whole of the skin so that the skin is no longer intact. Check out Adapt the A-level & GCSE revision timetable app. The Court of Appeal held these injuries were justly described as GBH. If the defendant intended to cause the harm, then he obviously intended to cause some harm. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. applying contemporary social standards, In deciding whether injuries are grievous, an assessment has to be made of the effect of the harm on A harm can be a. GBH even though it would not pose a risk to the life of the victim (R v . 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. When that level of harm is inflicted on a person it is often left to fate as to whether or not it will prove fatal. He appealed on the basis of a misdirection and it was held that malicious is properly defined as possessing an actual intention to cause the harm or subjective recklessness as to whether such harm should occur or not. a 17 month old baby had bruising to her abdomen both arms and left legs d charged with s18 gbh. loss etc. Reference this For example, punching someone in the face, intending to break their nose. R v Bollom. In the case of Fagan v Metropolitan Police Commissioner, the defendant parked his car on a police officers foot. In section 18, the defendant must have intended to do some grievous bodily harm. Such injuries would have been less serious on a grown adult, and the jury could properly allow for that. 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. 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) The Court explained inflict merely required force being applied to the body of the victim causing them to suffer GBH. committing similar offences. community sentences however some offenders stay out of trouble after being released from There must be an intent to cause really serious bodily injury. not necessary for us to set out why that was so because the statutory language is clear. carrying out his duty which she did not allow. 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! This happened in R v Thomas, where the judge decided that the touching of a persons clothing amounted to the touching of the person themselves. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The mens rea of GBH __can be recklessness or intention. To understand the charges under each section first the type of harm encompassed by these charges must be established. 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. The act i, unless done with a guilty mind. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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. It is this element of the offence that provides the crucial distinction between the s.18 charge and the s.20 charge. She turned up at her sons work dressed in female clothes and he was humiliated. This includes any hurt calculated to interfere with the health or comfort of the victim. Q1 - Write a summary about your future Higher Education studies by answering the following questions. Examples where lawful force could be used might include force used in self-defence or defence of another, or where the force is threatened or used by a police officer in the execution of their duties. The first indicator of lawfulness is that the detainment takes the form of an arrest. The defendant inflicted various injuries upon his partners seventeen month old child, including bruises and cuts. 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.
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