psychiatric injury can be GBH. assault or a battery. The consent to risk provided a defence under s 20, resulting in the conviction being quashed. The one difference is that the offence under s.20 must be committed on another person whereas s.18 can be committed on any person and thus would cover those who intentionally wound or inflict GBH on themselves. FREE courses, content, and other exciting giveaways. Held: It was held psychiatric injury could amount to bodily harm: the dicta in R v Chan-Fook was applied. How do Karl Marx's ideas differ from those of democratic socialism? The court distinguished a number of cases where sexual violence had been consented to but had found to be unlawful given its nature and subsequent harm caused to the participant. not intend to harm the policeman. To amount to actual bodily harm, the injury need not be permanent but should not be so trivial as to be wholly insignificant. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Facts: A 15 year old school boy took some acid from a science lesson. Serious Facts: The defendant, a school caretaker, assaulted a 12-year-old after taking hold of the hem of her skirt. serious harm. Case Summary C substituted the conviction for assault occasioning ABH. The House of Lords held that silent telephone calls can amount to an assault as long as the victim is made by them to fear some physical harm. Bruising of this severity would Section 18 offences against the Person act 1861 What are the CPS charging standards for section 18? Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. consent defence). D had thrown V on the ground. Chat; Life and style; Entertainment; Debate and current affairs; Study help; University help and courses; Universities and HE colleges; Careers and jobs; Explore all the forums on Forums home page fisherman, and he is willing to trade 333 fish for every reckless as to some physical harm to some person. Cited Regina v Dica CACD 5-May-2004 Reckless HIV transmission Grievous Bodily HarmThe defendant appealed against his conviction for inflicting grievous bodily harm. He proceeded to have unprotected sex with two women. 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), Notes which I did on own for revision purposes. a. Kwame? R V Bollom (2004) D caused multiple bruises to a young baby. A conviction under section 20 of the Offences Against the Persons Act for wounding required evidence of a break in the continuity of the skin. The Offences against the Persons Act 1861 sets out the law relating to wounding in England and Wales, and a considerable body of case law has been built up to assist in the definition of wounding, injuries and assaults. Facts: The defendant pointed an imitation gun at a woman in jest. An internal rupture of blood vessels will not constitute a wound: C (a minor) v Eisenhower [1984] QB 331 Case summary. Some wounding or GBH may be classed as lawful. A scratch/bruise is insufficient. Defendants stabbed V several times with a knife at least five inches D hit V near the eye, resulting If the victim is particularly vulnerable, the jury is entitled to take this into account when assessing if the injury is really serious: R v Bollom [2004] 2 Cr App R 6 Case summary. [2005] EWCA Crim 706if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_7',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993 The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. Cited Regina v Cunningham CCA 1957 Specific Intention as to Damage Caused(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. conviction substituted to assault occasioning ABH under S. R v Taylor [2009] V was found with scratches across his face and a stab wound in his V died. Appeal, held that cutting the Vs hair can Held: There was surprisingly little authority on when it was appropriate to . Facts: The defendant's ex-girlfriend went round to his house whilst he was asleep in bed. What is the benefit of going to an 'elite' university, Barclays Explorer Graduate Programme 2022, Official Dental Hygiene and Therapy (Oral Health Science) 2023 Entry Thread, How do I critically analyse a Law judgment. Q1 - Write a summary about your future Higher Education studies by answering the following questions. Suppose that you are on a desert island and possess exactly . D shot an airgun at a group of people. 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. 202020 coconuts. Judge LJ analysed the case of R v Clarence (1889) 22 QB 23, finding that its reasoning behind the decision to quash the conviction under s 20 no longer had no continuing relevance in todays law. and caught him. hate mail and stalking. Facts: A police woman took hold of a woman's arm to stop her walking off when she was questioning her.The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty. b. W hat is the slope of the budget line from trading with It was held that loss of consciousness, even for a very short if the nature of attack made that intention unchallengeable. Non-fatal offences against the person THE SERIOUSNESS OF HARM LX1602/2602 CRIMINAL LAW DR PATRIZIA HOBBS Lecture's The women as a result suffered psychological harm. Held: The police woman's actions amounted to a battery.The defendant's action was therefore in self defence and her conviction was quashed. Several people were severely injured. actual bodily harm. Held: The police woman's actions amounted to a battery. R v Dica [2004] EWCA Crim 1103 Criminal - Assault Inflicting Grievous bodily harm - Transmitting disease through consensual sexual intercourse Facts The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861. a. that D had foreseen the Held: His conviction was upheld. not dead. Appeal dismissed. Both women were infected with HIV. . Wounding and GBH under S.18 is a more serious offence and carries a maximum sentence of 25 years. WikiZero zgr Ansiklopedi - Wikipedia Okumann En Kolay Yolu could have foreseen the harm as a consequence, then murder. However, the situation becomes unclear in medico-legal circumstances, as there is no statute definition for a wound or an injury. J J C (a minor) v the face and pushed him roughly to the ground. What happens if you bring a voice recorder to court? Intention to cause GBH or was deceased alive or dead at the time of the fire? Convicted under S. No evidence that he foresaw any injury, d threw his three month old baby towards his Pram which was against a wall which was four feet away. Facts: The defendant had a brief relationship with a woman She ended the relationship and he could not accept her decision and embarked on a campaign of harassment against her over a period of 8 months. R. v. Ireland; R. v. Burstow. Facts: Robert Ireland made a large number of telephone calls to three women. It was not suggested that any rape . R v bollom (2004) case to define maliciously Cunningham (1957) define maliciously with intention or recklessness Passing on HIV can be GBH R v Dica (2004) Facts The defendant inflicted various injuries upon his partner's seventeen month old child, including bruises and cuts. Looking for a flexible role? Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our shaking the policeman off and causing death. Case summary last updated at 13/01/2020 15:07 by the students are currently browsing our notes. Cited Regina v Jones (Terence) CACD 1986 The trial judge declined to direct the jury that the defendants were entitled to be acquitted if the jury decided that they were indulging in rough and undisciplined sport or play, not intending to cause harm, and genuinely believing that the . Your neighbor, Friday, is a fisherman, and he He contended that the word inflict required the direct application of force. D convicted of assault occasioning To criminalise consensual taking of such risks would be impractical and would be haphazard in its impact. It has been held to include indirect application of force: R v Martin (1881) 8 QBD 54 Case summary. R V GIBBINS AND PROCTOR . privacy policy. Contribute to chinapedia/wikipedia.en development by creating an account on GitHub. La 18e exposition internationale d'architecture, intitule Le laboratoire du futur , sera ouverte au public du samedi 20 mai au dimanche 26 novembre 2023 aux Giardini et l'Arsenale, ainsi qu'au Forte Marghera. Since the decision in Burstow there is little difference between in the actus reus under s.20 and s.18. Inflict does not require a technical . She was 17 months old and suffered abrasions and bruises to her arms and legs. Lawful chastisement R v Hopley (1860) 2 F&F 202 (Case summary) or reasonable punishment of a child is not available to the offences of wounding or GBH (S.58 Children Act 2004). a police officer, during which he hit repeatedly a police officer in 25years max. R V STONE AND DOBISON . why couldn't the deceased escape the fire? The legislation history . C stated The harassment consisted of both silent and abusive telephone calls, child had bruising to her abdomen, both arms and left leg. b. In an attempt to prevent Smith (D) driving away with stolen goods, 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. Enter the email address you signed up with and we'll email you a reset link. Oxbridge Notes in-house law team. C stated that bruising could amount to GBH. The question for the court was whether the complainants were consenting to the risk of infection with HIV when they consented to sexual intercourse with defendant. Larry is a friend of Millie. . injury was inflicted. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. What is the worst thing you ate as a young child? What are the two main principles of socialism, and why are they important? (2) Why should an individual CPA adhere to the code? d. Which budget line features a larger set of attainable He cut off her ponytail and OAPA 1861 unlawfully and maliciously wounding or inflicting GBH with or without a weapon, severity of injures assed against age and health, Operations Management: Sustainability and Supply Chain Management, Fundamentals of Engineering Economic Analysis, David Besanko, Mark Shanley, Scott Schaefer, Alexander Holmes, Barbara Illowsky, Susan Dean. In the Burstow case, the appellant was convicted of unlawfully and maliciously inflicting grievous bodily harm for harassing a women . The use of the word inflict in s.20 has given rise to some difficulty. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Dica (2005) D convicted of . wound was not sufficient. should be assessed Held: The defendant was not guilty. Medical The Student Room and The Uni Guide are both part of The Student Room Group. . some hair from the top of her head without her consent. Held: The recognition in R v Dica of informed consent as a defence was based on but limited by potentially conflicting public policy considerations. Oxbridge Notes is operated by Kinsella Digital Services UG. Child suffered head injuries and died. R v Janjua & If so, the necessary mens rea will be established. The court did say, however, that some touchings are part of everyday life and, therefore, the law would not regard these as batteries. Dr. Yang also holds a distinguished professor position in National Engineering Research Centre for E-Learning at Central China Normal University, China. Tel: 0795 457 9992, or email david@swarb.co.uk, The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005, The Free Church of Scotland v The General Assembly of the Free Church of Scotland: SCS 24 Mar 2005, Regina v Brown (Anthony); Regina v Lucas; etc, Regina v Savage; Director of Public Prosecutions v Parmenter, 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. c. W hat is the slope of the budget line from trading with D dropped victim 25 feet from a bridge into a river after victim said he could not swim. ABH Actual Bodily Harm: Injury which interferes with the health and comfort R v Bollom [2004] 2 Cr App R 6 Case summary . Subjective recklessness applies (the defendant must foresee the risk of causing some harm): R v Parmenter [1991] 94 Cr App R 193 Case summary, S.18 Offences Against the Person Act 1861, 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., Unlawfully "ABH includes any hurt or Simple study materials and pre-tested tools helping you to get high grades! Lord Justice Judge Deputy Chief Justice Of England And Wales, Mr Justice Grigson And His Honour Judge Radford. He was charged under s.20 Offences Against the Persons Act 1861. injury calculated to interfere with the health or comfort of the It was not suggested that any rape . If the skin is broken, and there 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. 3. Held: Indirect application of force was sufficient for a conviction under s.20. S requires an unlawful and malicious wounding with intent to R v Clarence had not considered the issue of consent because consent to sexual intercourse was assumed to have been given at the beginning of marriage. Convicted of murder. Chemistry unit 2 assignment D, Chp 1 - Strategy (SBL Notes by Sir Hasan Dossani). 111 coconut. Also the offence under s.20 is triable-either-way, whereas the offence of grievous bodily harm under s.18 is indictable. It was not suggested that any rape . Held: The defendant was not guilty of causing actual bodily harm. Eisenhower [1984]. A conviction of wounding or GBH under S. 20 represents the lesser offence which carries a maximum penalty of 5 years imprisonment. R v Saunders (1985) No details held. D was convicted of causing GBH on a 17-month-old child. So it seems like a pretty good starting point. D had used excessive force. . Another pupil came into the toilet and used the hand drier. His research specialties include assessment and e-folios, distance/flexible education, information literacy, information technology . Reference this ), D (a publican) argued with V (customer) over a disputed payment. The 806 8067 22 Registered Office: Imperial House, 2nd Floor, 40-42 Queens Road, Brighton, East Sussex, BN1 3XB, Taking a break or withdrawing from your course, I'm withdrawing my Uni application 2 days before the uni interview, should I say some, The Russell Group hurt/heal game (Part 5), Official UCL 2023 Undergraduate Applicants Thread, Diagnostic Radiography 3rd year, Ask me anything (healthcare related). Perception Difference between Korean Medicine Doctors, Western Medicine Doctors, and Patients on the Collaborative and Integrated Medicine for the Functional Dyspepsia Her consent is not properly informed, and she cannot give an informed consent to something of which she is ignorant. As a result she suffered a severe depressive illness. glass. sudden cardiac death and coronary artery disease, pathophysiology of heat-related illness and death. section 20 of the Offences Against the Person Act. Simple and digestible information on studying law effectively. or GBH themselves, so long as the court is satisfied that D was In the public interest, so far as possible, the spread of catastrophic illness must be avoided or prevented. Then apparently that wasn't enough, so I had to start teaching him more and more tricks. On the other hand, the public interest also requires that the principle of personal autonomy in the context of adult non-violent sexual relationships should be maintained. Microeconomics - Lecture notes First year. victim"
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