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. Significance of V's age. R v Morrison (1989) For example, the actus reus of the offence of criminal damage is that property belonging to R v Bollom (2004) 2 Cr App R 6 . 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. however indirect intention is wanting to do something but the result was not what it was The court can take into consideration particular characteristics of the victim to decide whether the injuries amount to GBH . whilst attempting to arrest Janice.-- In Janices case, he is at fault here by hurng an officer of It is not unforeseeable that one of these will die as a result of the punch and sadly this often happens. The actus reus of this offence can be broken down as follows: Inflicting harm is prima facie unlawful, therefore this requirement is satisfied simply in absence of an available defence such as self-defence or valid consent. The officer cut her finger on the needle and the defendant was found by the court to be liable for battery, due to the omission. PC is questionable. Golding v REGINA Introduction 1. A fine and compensation-fines are the most common As Zeika reached the top of the stairs, Jon jumped out and 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). In relation to this element of the mens rea, it is necessary for the prosecution also to prove the maliciously element. 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. Case in Focus: R v Ireland and Burstow [1997] UKHL 34. The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs. 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. The facts of the cases of both men were similar. If the offence Also, this Case in Focus: R v Mowatt [1968] 1 QB 421. *You can also browse our support articles here >. They can include words, actions, or even silence! 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. 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. 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. 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. 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. sentences are given when an offence is so serious that it is deemed to be the only suitable The mere fact that the same injuries on a healthy adult would be less serious does not alter the fact that in determining the appropriate charge, due regard must be had for the actual harm suffered by the victim. Pay attention to this section as for an essay question you may be asked to provide a discussion as to the meaning of inflict. 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. 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. The defendant and his friend were out in the early hours of the morning. His intentions of wanting to hurt the Battery occurs whena person intentionally or recklessly applies unlawful force to another. Learn. Note that the issues set out above are just the issues taken from our discussion and are not a definitive list. Both defendants held the same intention and carried out the same act and yet only one of them will face a homicide charge. Lists of cited by and citing cases may be incomplete. However, following R v Woollin [1999] AC 82 the jury can find intention where although the result was not the exact desired consequence held by a defendant, it could be appreciated by the defendant himself that it was a virtually certain consequence of his act. as directed.-- In Beth's case, she is a care professional who has a duty to look after her R v Burstow. Before this acquisition A company issued to P, a bank, a debenture giving P a charge over the company's assets in respect of any sums Our academic writing and marking services can help you! As with the proposed s.20 offence, any reference to wounding or bodily harm is removed. Test. 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. - 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? On this basis the jury convicted and the defendant appealed. 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. turn Oliver as directed. 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. mens rea would be trying to scare her as a practical joke. Project Log book - Mandatory coursework counting towards final module grade and classification. Also the sentencing crime by preventing the offender from committing more crime and putting others off from 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. Learn. 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. We have no doubt that in determining the gravity of these injuries, it was necessary to consider them in their real context. Whilst a s.20 offence may be committed recklessly, the s.18 offence specifically requires intention. such as discharge-this is when the court decides someone is guilty of an offence, but In R v Ireland, it was silent phone calls which the court determined as the actus reus of an assault. It proposes to deal with them as follows: Despite this Bill being proposed back in 1998 there remains no change and the Offences Against the Persons Act 1861 remains good law in this area. merely transient and trifling, The word harm is a synonym for injury. Pain is not required for the harm to be classed as ABH. shouted boo. 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. LIST OF CASES, STATUTES AND STATUTORy INSTRUMENTS VII R v Brown [1993] UKHL 19 72, 74 R v Catt [2013] EWCA Crim 1187 6 R v Chan Fook [1994] 1 WLR 689 74 trends shows that offenders are still offending the second time after receiving a fine and The defendant appealed against his conviction for causing grievous bodily harm. 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? A prison sentence will also be given when the court believes the public must be In Collins v Wilcock, the defendant was a police officer who took hold of a womans arm in order to prevent her walking away from him as he was questioning her about alleged prostitution. 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. community sentence-community sentences are imposed for offences which are too serious It uses outdated language that is now misinterpreted in modern An intent to wound is insufficient. 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. jail. R v Mandair (1994): on a s charge, a conviction under s is available as an alternative The difference between a The defendant appealed against his conviction for causing grievous bodily harm. usually given for minor offences. A Direct intention (R v Mohan) or recklessness (R v Cunningham) as to cause some harm (R v Mowatt). This is known as indirect or oblique intention. something like this would happen but yet she still carried on by taking that risk and is a ABH Direct intention is easy to comprehend; it is the very thing the defendant was actually intending to achieve when he did an act. DPP v K (1990)- acid burns Result Assault occurswhen a person intentionally or recklessly causes another to apprehend immediate unlawful personal violence. This was decided in R v Burstow, where the victim suffered sever depression as a result of being stalked by the defendant. 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. If there is no wound as per the Eisenhower definition, then this does not negate the actus reus of the offence. foresee a risk or result and unreasonably go on to take the risk. The maximum sentence was extended to reflect that it is more serious than a s.47 offence of assault occasioning actual bodily harm which at present carries an identical sentence to the s.20 offence, despite the difference in severity of harm caused. 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. Actus reus is the conduct of the accused. Are there any more concerns with these that you can identify yourself? statutory definition for assault or battery. 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. D must cause the GBH to the victim. 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. not necessary for us to set out why that was so because the statutory language is clear. Lastly a prison sentence-prison R v Wilson [1984] AC 242 overruled Clarence in this regard and held this was not the case. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Restorative justice gives victims the chance to tell offenders about the impact of their crime 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. This could be done by putting them in prison, *You can also browse our support articles here >, Attorney Generals Reference no. Finally, a battery can also be caused by an omission. For example, dangerous driving. 43 Q What is the mens rea for section 20 GBH? Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. The defendant was out in the pub when she saw her husbands ex-girlfriend. ), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. 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. Each of these offences requires both actus reus and mens rea to be established. R v Brown [1993] 2 All ER 75. Case in Focus: R v Savage [1991] 94 Cr App R 193. Until then, there was no unlawful force applied. Bodily harm needs no explanation, and grievous means no R V R (1991) Husband can be guilty of raping his wife. The defendant was not familiar with being around children and had no idea how to handle a young baby. Intention can be direct or indirect. He suffered genital herpes, but had unprotected sex and acknowledged acting recklessly. Looking for a flexible role? 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. 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. 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. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Simple and digestible information on studying law effectively. 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. 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. Match. another must be destroyed or damaged. indirectly injured her patient and breached her duty of care. In this case the defendants father had undergone gender reassignment treatment to become a woman.
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