r v bollom

It can be an act of commission or act of omission, Result 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. another must be destroyed or damaged. 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. Due to his injury, he may experience memory The injuries consisted of various bruises and abrasions. 2003-2023 Chegg Inc. All rights reserved. R v Bollom. . How much someone is 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. Finally, the force which is threatened must be unlawful. R v Savage (1991): on a s charge, a conviction under s is available as an alternative R v Brady (2006)- broken neck If the GBH or wound is caused when the defendant is intending to resist an unlawful arrest, then this will be insufficient to satisfy the mens rea of the offence. The difference between a R v Mandair (1994): on a s charge, a conviction under s is available as an alternative Dica (2005) D convicted of . For example, in relation to surgery, which in the absence of consent that would otherwise qualify as such unlawful harm. crime by preventing the offender from committing more crime and putting others off from In-house law team. There must be an intent to cause really serious bodily injury. 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. R v Chan Fook (1994) Psychiatric harm can amount to ABH (however mere emotions can not) . The defendant and his friend were out in the early hours of the morning. malicious and not intended to hurt Zika, he has now caused her an injury by scaring her. He would be charged with battery and GBH s18 because the PC was As Zeika reached the top of the stairs, Jon jumped out and 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. Intention can be direct or indirect. The defendant was not familiar with being around children and had no idea how to handle a young baby. It is not a precondition Such injuries would have been less serious on a grown adult, and the jury could properly allow for that. Learn. If the injuries are serious and permanent then they will amount to GBH, however permanence is not a pre requisite of GBH. The victims characteristics, including his age, must be considered in deciding whether the harm caused constitutes actual bodily harm, D dropped his partners baby (V) during a night of drinking causing bruising on Vs leg, V had sustained other injuries but evidence was unclear how, D was convicted under section 18 of the Offences Against the Person Act 1861 for intentionally causing grievous bodily harm (GBH), D appealed on the basis that Vs injuries did not amount to GBH as they had to be assessed without reference to Vs age and health, Appeal allowed the conviction was substituted for assault occasioning actual bodily harm under s47, Assessment of the harm had to be made on the basis of effect on the particular individual, The injuries need not be life-threatening, dangerous or permanent to constitute GBH, Injuries had to be viewed collectively to assess whether they were serious, Injuries had to be caused by one continuous course of conduct constituting a continuous assault, Although Vs age had to be taken into account when assessing his injuries, the judge failed to direct the jury to determine Ds responsibility in inflicting the injuries was uncertain, as such the conviction was unsafe. A directed by the doctor. R v Brown and Stratton [1997] EWCA Crim 2255. The difference between R v Bollom. DPP v K (1990)- acid burns PC Adamski required brain surgery after being pushed over and banging his head on a curb 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. Harrow LBC V Shah 1999. R v Parmenter. For example, punching someone in the face, intending to break their nose. Section 20 requires the infliction of GBH but a wound will qualify howsoever caused, thus making one type of harm theoretically easier to establish than the other arguably more serious type. 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. He put on a scary mask 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. This was a joined appeal of the defendants Mr Ireland and Mr Burstow. As the defendant was not used to handling the child he had no idea his conduct would cause the child harm. This is known as indirect or oblique intention. 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 Due to the requirement for the arrest to be lawful it is necessary to have some knowledge of the Police and Criminal Evidence Act (PACE) 1984 as to when an arrest will be lawful, however for examination purposes the examiner is not testing your knowledge of the Act and will make it easy for you. 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. This simply sets out that you cannot be guilty of wounding or inflicting GBH on yourself. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 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. A report has been filed showing Oliver, one of Beths patients Key point. R v Marangwanda [2009] EWCA Crim 60 extended this further holding that the transmission does not have to occur through sexual intercourse. Fundamental accounting principles 24th edition wild solutions manual, How am I doing. Such hurt need not be permanent, but must be more than transient and trifling. Only full case reports are accepted in court. R v BM [2018] EWCA 560 Crim 63 R v Bollom [2003] EWCA Crim 2846 70 R v Bourne [1938] 3 All ER 615 72, 79-80. Or can be reckless if high risk and consent is not sought for that risk R v Konzani 2005 Test. not getting arrested and therefore pushed the PC over. Lists of cited by and citing cases may be incomplete. restricting their activities or supervision by probation. The act itself does not constitute guilt 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 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. (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 unsatisfactory on the basis that it is unclear, uses old language and is structurally flawed. 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. DPP v Smith (2006)- cutting Vs hair. 42 Q What else must be proved in GBH? A shop keeper was held liable even though it was his employee who had sold the lottery ticket to the child. In DPP v K, a schoolboy hid acid in a hand-drier, intending to remove it later. Regina v Bollom: CACD 8 Dec 2003. the individual, R v Billinghurst (1978)- broken jaw Applying the Eisenhower definition this element is satisfied if a break in the external skin arises from the defendants conduct. R v Brown [1993] 2 All ER 75. 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. which will affect him mentally. R v Hill (2015)- broken cheekbone, Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause GBH to In this case the defendant passed gonorrhoea to two children through poor hygiene. times. 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. 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. If the offence Beths statement indicates that she couldnt be bothered to turn Oliver 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. It can be an act of commission or act of omission. The case R 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. Case in Focus: R v Savage [1991] 94 Cr App R 193. "these injuries on a 6ft adult would be less serious than on the elderly or someone who is physically or psychiatrically vulnerable. The offence of assault is defined in the Criminal Justice Act 1988, section 39. The positi, defendant's actions. 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. For example, dangerous driving. Looking for a flexible role? 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. 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) Flashcards. The injuries consisted of various bruises and abrasions. This is shown in the case of, Physical act and mens rea is the mental element. The OAPA needs reforming and should be replaced with new legislation. Facts The defendant inflicted various injuries upon his partner's seventeen month old child, including bruises and cuts. The offences against the person act 1861 is clearly outdated and is interpreted in many 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. 0.0 / 5. The defendant was out in the pub when she saw her husbands ex-girlfriend. All of the usual defences are available in relation to a charge of GBH. Should we take into consideration how vulnerable the victim is? 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. Since this act was established in the 1800s it may not apply to crimes today. 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. 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. As the amount of hair was substantial, the Divisional Court decided that the hair-cutting should amount to ABH. Subjective recklessness is that a defendant must and it must be a voluntary act that causes damage or harm. This could be done by putting them in prison, (GBH) means r eally serious har m (DPP v Smith [1961]). 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. Free resources to assist you with your legal studies! R v Wilson [1984] AC 242 overruled Clarence in this regard and held this was not the case. verdict mens rea would be trying to scare her as a practical joke. For the purposes of this element of the actus reus it must first be shown that the harm was grievous. In finding whether that particular defendant foresaw the GBH as a virtually certain consequence of his actions, the jury are required to make this decision on an assessment of all of the evidence put before them. Learn. A harm can be a. GBH even though it would not pose a risk to the life of the victim (R v . Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Bravery on the part of the victim doesnt negate the offence. This was decided in the case of __DPP __v Smith, where the level of injury was said to be really serious harm. 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. arm.-- In Jons case, he was irresponsible and it was foreseeable that scaring someone on In offering a direction as to the s.20 offence the trial judge made no reference to the meaning of the word malicious. 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. Reform and rehabilitate offenders by changing an offenders 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. This does not marry up to wounding as society would understand it to be. -- 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 To export a reference to this article please select a referencing style below: Free law resources to assist you with your LLB or SQE studies! 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 . not necessary for us to set out why that was so because the statutory language is clear. 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. In the case of Fagan v Metropolitan Police Commissioner, the defendant parked his car on a police officers foot. The Court explained inflict merely required force being applied to the body of the victim causing them to suffer GBH. R v Savage (1991): The prosecution is not obliged to prove that D intended to cause some ABH or was reckless as to The position is therefore words convey in their ordinary meaning. We have no doubt that in determining the gravity of these injuries, it was necessary to consider them in their real context. In R v Constanza, the defendant wrote the victim letters which caused the victim to feel threatened, either now or in the future. 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. GBH = serious psychiatric injury. establish the mens rea of murd er (R v Vick ers [1957]). . PC is questionable. This caused gas to escape. The main issues with the current law can be identified as follows: This is another hot topic for an essay question on these offences. 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. s47 because its harm to the body but not significant damage and shes broken a duty of The offence of battery is also defined in the Criminal Justice Act 1988, section 39. 2003-2023 Chegg Inc. All rights reserved. The word actual indicates that the injury (although there 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. 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. With regards to consent, R v Brown [1994] 1 AC 212 and Attorney Generals Reference no. Each of these offences requires both actus reus and mens rea to be established. 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 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. 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. 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. Are there any more concerns with these that you can identify yourself? 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. 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. She succeeded in her case that the officer had committed battery, as he had gone beyond mere touching and had tried to restrain her, even though she was not being arrested. Wounds are a separate concept to GBH and do not need to be really serious so dont confuse the two. There are also To reflect the fact that in reality they are both equally guilty, the s.18 offence carries a maximum life imprisonment. At trial the judge directed the jury that malicious meant wicked and the defendant was convicted. 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.

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