The claimant awaited trial for GBH. The claimant sought judicial review of directions given for 1) to direct disclosure of material to the claimant; 2) to adjourn the application to enable him to call oral evidence; 3) to consider any material outside the copy witness statements relied upon by the prosecution; and 4) to dismiss … Continue reading Regina (on the Application of) Snelgrove v the Crown Court at Woolwich, and the Crown Prosecution Service: Admn 29 Sep 2004
Proof of pregnancy was unnecessary to establish an offence under the Act of procuring a miscarriage. Citations: (1846) 1 Den CC 187 Statutes: Offences against the Person Act 1837 Jurisdiction: England and Wales Cited by: Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002 The claimant challenged the Order as … Continue reading Rex v Goodhall: 1846
The defendant was charged with possession of an offensive weapon in public. He was holding an air rifle at a shooting gallery when, on a sudden provocation, he shot and wounded a woman. Held: he had a reasonable excuse for ‘carrying’ the rifle though not, of course, for using it in that way: ”The long … Continue reading Regina v Jura: CCA 1954
The defendant, a corporal in the Royal Corps of Signals had been tried and convicted by a Court Martial in Egypt for the murder of an Egyptian national in an Egyptian village. The issue in the appeal was whether a Court Martial had jurisdiction under the statute creating it to try for murder a British … Continue reading Regina v Page: CMAC 1954
When directing the jury, the judge should mention all alternative and appropriate lesser offences with explanations. The possibility of a conviction under section 47 for assault occasioning actual bodily harm should be offered to a conviction under section 20 for wounding. Hobhouse LJ said: ‘We consider that, in a case such as this, where there … Continue reading Regina v Maxwell: CACD 11 May 1994
The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original convictions had been for obtaining by deception, but those convictions could not stand following … Continue reading Regina v Dawson, Dawson: CACD 14 Jul 1997
Head-butting is to be taken as use of weapon for sentencing on unlawful wounding charge. Citations: Times 04-Jul-1997 Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.87632
The level of sentencing for a section 18 offence involving ‘glassing’ is ‘somewhere between two-and-a-half years’ to five years’ imprisonment, depending on the individual circumstances’. Judges: Lord Taylor C.J Citations: [1995] 16 Cr App R (S) 792 Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Cited by: Cited – Attorney General’s … Continue reading Attorney-General’s Reference No. 41 of 1994; Regina v O’Boyle: CACD 1995
The House of Lords may itself determine the grounds of an appeal, and deal with matters undetermined by Court of Appeal. A verdict of ‘causing GBH’ (not inflicting) was not an offence unknown to law. A verdict of ‘causing GBH contrary to s20’ was wide enough to include the offence of inflicting grievous bodily harm.In … Continue reading Regina v Mandair: HL 20 May 1994
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
Appeal against conviction – self defence Judges: Maurice Kay LJ, McKinnon, Langstaff JJ Citations: [2006] EWCA Crim 694, 170 JP 517 Links: Bailii Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Crime Updated: 21 July 2022; Ref: scu.243030
The claimant child suffered permanent damage in the form of foetal alcohol spectrum disorder. She now appealed from rejection of her claim for criminal injuries, saying that her mother’s drinking had been made her guilty of unlawfully administering a poison to any other person so as thereby to inflict grievous bodily harm, contrary to section … Continue reading CP (A Child) v First-Tier Tribunal (Criminal Injuries Compensation): CA 4 Dec 2014
The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003
The defendant appealed a conviction for manslaughter and assault under the 1861 Act. He held a belt around a friend’s arm whilst the friend injected heroin into his own vein. The friend later died from the overdose. He said the use of the tourniquet was not itself unlawful. Held: The application of the tourniquet was … Continue reading Regina v Rogers: CACD 14 Mar 2003
The minimum approriate sentence for an offence of s18 wounding was 4 years. Judges: Lord Bingham Citations: [1996] EWCA Crim 1070, [1997] 1 Cr App R (S) 363 Links: Bailii Statutes: Offences Against the Persons Act 1861 18 Jurisdiction: England and Wales Cited by: Cited – Attorney-General’s Reference No 88 of 2000 CACD 2001 The … Continue reading Attorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson: CACD 15 Oct 1996
The defendant was convicted of indecent assault and common assault after caning a 17 year old female complainant for the purposes of sexual gratification. The complainant suffered actual bodily harm, though the defendant was not charged with an offence under s.47. His defence was consent. The judge had directed the jury that the issue was … Continue reading Rex v Donovan: CCA 1934
It was not a requirement on a charge of assault with intent to resist arrest, to establish that the defendant’s believed that the arrest was unlawful. The mens rea required to be established was that the defendant knew he was being arrested. A belief that the arrest was unlawful did not justify resisting the arrest. … Continue reading Regina v Lee: CACD 24 Oct 2000
The appellant’s co-accused had been summarily tried and acquitted of common assault. The accused was subsequently indicted on the same facts for assault causing grievous bodily harm and assault causing actual bodily harm. The accused demurred. Held: The demurrer was upheld, and the case could not proceed. By virtue of sections 28 and 29 of … Continue reading Regina v Elrington: 9 Nov 1861
Lord Justice Popplewell, Mr Justice Spencer, His Honour Judge Kearl QC Recorder of Leeds [2021] EWCA Crim 1922 Bailii Offences Against the Person Act 1861 18, Assaults on Emergency Workers (Offences) Act 2018 1 England and Wales Criminal Sentencing Updated: 25 December 2021; Ref: scu.670486
The applicant is the subject of an allegation of having inflicted grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 (‘OAPA’). The allegations relate to an incident that occurred in 2012 when she was 16. During the course of 2013 she challenged a Public Prosecution Service (‘PPS’) conclusion that … Continue reading CA v Public Prosecution Service (No 2): QBNI 2 Apr 2014
The defendant appealed against his conviction on a guilty plea, of inflicting grievous bodily harm under section 20. He suffered genital herpes, but had unprotected sex and acknowledged acting recklessly. He said that the prosecution had failed to follow CPS guidelines, that his solicitor had failed to challenge that failure, and that the infection did … Continue reading Golding, Regina v: CACD 8 May 2014
Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to what extent expert evidence of the Thompson’s post-traumatic stress disorder was relevant to their consideration … Continue reading Press and Another v Regina: CACD 24 Oct 2013
The defendant appealed against a conviction for inflicting grievous bodily harm, after causing a serious leg injury in a football match when tackling another player. Held: There was surprisingly little authority on when it was appropriate to commence proceedings after an assault during a sporting event. The starting point must be to recognise that sports … Continue reading Regina v Barnes: CACD 21 Dec 2004
The defendant sought an extension of time for leave to appeal against his conviction for fraud. After his conviction there had been academic debate as to its basis, and the present application was not opposed. He had originally been charged under the Fraud Act 2006, but in relation to events taking place before it came … Continue reading White v Regina: CACD 15 Apr 2014
The defendant had pleaded guilty, after a legal ruling, to a count of administering poison contrary to section 23 of the 1861 Act and a count of manslaughter. The court had found that the defendant physically assisted the deceased by holding his belt round the deceased’s arm as a tourniquet, so as to raise a … Continue reading Rodgers, Regina v: CACD 14 Mar 2003
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She resisted, and injured him. Held: There was no arrest, and … Continue reading Collins v Wilcock: QBD 1984
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening. Held: An assault might consist of the making of a silent telephone call in circumstances where it causes fear of immediate and unlawful violence. The court asked how is it to be determined … Continue reading Regina v Burstow, Regina v Ireland: HL 24 Jul 1997
The defendant appealed against his sentence to a term of imprisonment for public protection on his admission of wounding with intent. The sentencing system applied was replaced on the day following sentencing, and he said that the court should have applied the principle of lex mitior. Held: The appeal failed: ‘there was no fault in … Continue reading Docherty, Regina v: CACD 18 Jun 2014
Reckless HIV transmission – Grievous Bodily Harm The defendant appealed against his conviction for inflicting grievous bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. It was not suggested that any rape had occurred or that he had intended to … Continue reading Regina v Dica: CACD 5 May 2004
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether the doctrine of transferred malice could be applied alongside that of joint … Continue reading Gnango, Regina v: SC 14 Dec 2011
Assault Occasioning Actual Bodily Harm – identity parade. . .
Silent telephone calls which resulted in psychiatric damage to the victim could constitute an ‘assault occasioning actual bodily harm’ for the purposes of section 47 of the 1861 Act. Swinton Thomas LJ said: ‘The early cases pre-date the invention of . .
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The complainant travelled in the appellant’s car. As he was driving, he had assaulted her in the car but not so as to cause her actual bodily harm. However, as his assault continued, she opened the car door and jumped out. This caused her to sustain actual bodily harm. He appealed his conviction. Held: The … Continue reading Regina v Roberts: 1971
The question was whether a dentist whose right to practice had been suspended was guilty of assault because the apparent consent of a number of patients was vitiated by mistake about her status as a dentist. The dentist had failed to disclose that her right to practice had been suspended. The prosecution argued that the … Continue reading Regina v Richardson: CACD 6 Apr 1998
The defendant appealed his conviction for assault. He had suspected a lodger of theft, and was accused of having assaulted him while interrogating him about it. He locked the complainant in his room, but he then fell whilst escaping through a first floor window. The prosecution was on the basis that the terror induced itself … Continue reading Fook, Regina v: CACD 22 Oct 1993
Having been convicted of assault occasioning actual bodily harm which assault was racially aggravated, the defendant was sentenced to 42 months imprisonment. On appeal against sentence, the court said the presence of racially aggravating features should add up to two years to the sentence which would otherwise be passed. Nevertheless the court should still take … Continue reading Regina v Saunders: CACD 8 Dec 1999
The defendant fired his air gun from a window hitting a six year old girl. He admitted a section 47 assault on the basis that he had been unaware of her presence, and had given no thought to any risk. Held: Failure to give any thought to a risk was insufficeint to found liabiity. Even … Continue reading Regina v Spratt: CACD 2 Jan 1990
Appeals against conviction of an offence of assault occasioning actual bodily harm, contrary to section 47 the 1861 Act. It is common ground that Heather Lewis was assaulted on 6th November 2005 when she was attacked in her home. It is further common ground that during the incident blows were struck by three women, and … Continue reading Nedrick-Smith v -Director of Public Prosecutions: Admn 15 Nov 2006
The appellant was convicted of an offence under s.47. He had, with his wife’s consent, branded his initials onto her buttocks with a hot knife. Held: Consensual activity within a marriage was capable of being a matter for criminal prosecution. The appeal succeeded: ‘There was no aggressive intent on the part of the appellant. On … Continue reading Regina v Wilson: CACD 5 Mar 1996
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force at the time, there was no tort of harassment. The question was the extent … Continue reading Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001
The term ‘person’ where it appeared in s.4 of the 1861 Act was held to include an unborn child provided it was subsequently born alive. Soliciting a woman to kill her unborn child after it is born constitutes incitement. Citations: [1919] 2 KB 125 Statutes: Offences Against the Person Act 1861 4 Jurisdiction: England and … Continue reading Rex v Shephard: CA 1919
The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. On the first occasion he tied a plastic bag over the head of his partner. On the second, he poured lighter fluid over the … Continue reading Regina v Emmett: CACD 18 Jun 1999
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
The defendant appealed against his conviction for assault. He had picked up a sex worker, driven away, but then changed his mind, and forcibly removed her from the car when she delayed. He now argued that he had the same right at common law to remove her from trespassing in his car as he would … Continue reading Regina v Burns, Paul: CACD 27 Apr 2010
The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011
‘Actual bodily harm’ under the 1861 Act, may include injury to any part of the body, including internal organs, the nervous system and the brain. It is capable of including psychiatric injury, but not mere emotion such as fear, distress or panic. . .
The defendant was guilty of an offence of administering a poison where he sprayed it directly in the victim’s face. Citations: (1988) 87 Cr App R 189 Statutes: Offences Against the Person Act 1861 23 Jurisdiction: England and Wales Cited by: Cited – Regina v Kennedy HL 17-Oct-2007 The defendant had been convicted of manslaughter. … Continue reading Regina v Gillard: 1988
Appeal from a sentence of 38 months’ imprisonment imposed for an offence of inflicting grievous bodily harm contrary to s.20 of the Offences Against the Person Act 1861. Citations: [2020] EWCA Crim 606 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 26 November 2022; Ref: scu.650712
Appeal against a sentence of two and a half years’ imprisonment passed for an offence of unlawful wounding contrary to section 20 of the Offences Against the Person Act 1861 committed some 15 months earlier on 20 November 2007. Judges: Mr Justice King Citations: [2009] EWCA Crim 1716, [2010] 1 Cr App Rep (S) 45 … Continue reading Kee, Regina v: CACD 10 Jun 2009
Judges: Lord Justice Thomas Citations: [2007] EWCA Crim 1339 Links: Bailii Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Criminal Practice Updated: 19 November 2022; Ref: scu.253438
Appeal from conviction of acting in breach of a restraining order, contrary to section 5(5) of the Protection from Harassment Act 1997 (count 1) and making threats to kill, contrary to section 16 of the Offences Against the Person Act 1861 (count 2). Judges: Goose J Citations: [2019] EWCA Crim 853 Links: Bailii Statutes: Offences … Continue reading Dillion, Regina v: CACD 11 Apr 2019
The Judge should choose whether to wait overnight before sending the jury out. Citations: Times 29-Jun-1993 Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Criminal Practice Updated: 26 October 2022; Ref: scu.86828
The offence of ‘unlawful wounding’ included a deliberate act which might (not would) cause injury. Citations: Gazette 03-Jun-1992 Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Crime Updated: 25 October 2022; Ref: scu.87657
The offence of wounding with intent will almost inevitably attract an immediate custodial sentence and even where the act was an over-reaction in self-defence. The offence was also an offence for which a second conviction would attract a life sentence. Citations: Times 28-Dec-1998 Statutes: Offences Against the Person Act 1861 18, Crime (Sentences) Act 1997 … Continue reading Regina v Goodwin; Regina v O’B; Regina v H: CACD 28 Dec 1998
The defendants appealed against their convictions for offences under the 1861 Act of assaults inflicting injury. They said that as sado-masochists, they had mutually consented to the assaults and that no offences had been commited, but pleaded gulty after the judge ruled that consent was not a defence. Held: In the case of a mere … Continue reading Regina v Brown etc: CACD 15 Apr 1992
Appeal against sentence of 16 months on plea of guilty to assault occasioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861. Citations: [2020] EWCA Crim 909 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.657258
Citations: [2020] EWCA Crim 893 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Crime Updated: 13 October 2022; Ref: scu.654606
Arguable misdirection in relation to the requisite intent for an offence under section 18 of the Offences Against the Person Act 1861 Citations: [2009] EWCA Crim 544 Links: Bailii Jurisdiction: England and Wales Crime Updated: 11 October 2022; Ref: scu.341579
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
‘whether on a charge, under s38 of the Offences Against the Person Act 1861, of assault with intent to resist lawful apprehension for failing a roadside breathalyser test, it is a defence that the defendant honestly believed that he had not failed the test. Put another way, and more widely, does the mens rea for … Continue reading Regina v Lee: CACD 29 Sep 2000
The claimant had been driving his lorry. A man jumped in front of a second lorry in an apparent attempt to commit suicide. In a failed attempt to avoid the suicide, the second lorry crashed into the claimant causing catastrophic injuries. The claimant appealed against rejection of his claim for Criminal Injuries Compensation made on … Continue reading Jones v First Tier Tribunal (Social Entitlement Chamber): CA 12 Apr 2011
The defendant appealed his convictions for soliciting murder of his wife. He was said to have asked another to assist in her proposed killing by providing an alibi while a third party committed the act. He said that the law did not include soliciting a person to commit murder as a secondary, as opposed to … Continue reading Regina v Winter: CACD 28 Nov 2007
Challenges to sentences said to be lenient. Count 1 alleged wounding with intent, contrary to Section 18 of the Offences Against the Person Act 1861. Count 2 alleged in the alternative an offence contrary to Section 20 of the same Act, for which the offenders were sentenced to 50 weeks’ imprisonment, suspended for two years. … Continue reading Attorney General’s Reference No 119 and 120 of 2005: CACD 21 Feb 2006
Appeal from conviction of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 Citations: [2009] EWCA Crim 2376 Links: Bailii Jurisdiction: England and Wales Crime Updated: 29 August 2022; Ref: scu.392897
The defendant appealed his sentence. With one punch, he had knocked the victom to the ground, fracturing his jaw and cheek bone. Held: The court should take note of the the strength of the blow and the consequence for the victim. In this case 18 months imprisonment was appropriate. Citations: [2002] 2 Cr App R … Continue reading Regina v Clare: CACD 2002
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007
Renewed application for leave to appeal against sentence for three offences of administering a poison or noxious substance so as to endanger life, contrary to section 23 of the Offences Against the Person Act 1861 (counts 1-3), and for child cruelty, contrary to section 1 (1) of the Children and Young Persons Act 1933 (count … Continue reading AD, Regina v: CACD 26 Jul 2019
Appeal, brought with the leave of the single judge, against the appellant’s conviction for wounding with intent to do grievous bodily harm, Citations: [2019] EWCA Crim 1094 Links: Bailii Statutes: Offences against the Person Act 1861 18 Jurisdiction: England and Wales Crime Updated: 14 July 2022; Ref: scu.639263
Grievous bodily harm can be inflicted by a stalker without direct physical contact and can include psychological damage. The statute could be interpreted to reflect current standards. Judges: Lord Bingham of Cornhill LCJ, Owen, Connell JJ Citations: Gazette 25-Sep-1996, Times 30-Jul-1996, [1996] EWHC Admin 49, [1997] 1 Cr App R 144 Links: Bailii Statutes: Offences … Continue reading Regina v Burstow: Admn 29 Jul 1996
Judges: Griffiths LJ, Pain, Stuart-Smith JJ Citations: [1983] EWCA Crim 2, [1983] Crim LR 353, [1983] 1 WLR 760 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Crime Updated: 09 July 2022; Ref: scu.247947
The guardian ad litem of three children made an application, supported by the local authority and the mother of the three children that the father be ordered to disclose in these proceedings (a) the identity of, and (b) copies of, the reports and notes of the medical experts the father is proposing to instruct in … Continue reading S County Council v B: FD 29 Jul 1999
The defendant appealed against his sentence of 20 months for inflicting grievous bodily harm. The victim had picked up a certified enforcement officer to carry him out of his house and had dropped him outside, causing him to break his collar bone. Held: The recorder had erred when reasoning that the case before him fell … Continue reading Olawo v Regina: CACD 19 Mar 2008
Appeal from sentences for possession of prohibited firearm, and possessing a firearm with intent to cause fear of violence, and wounding with intent. Citations: [2018] EWCA Crim 635 Links: Bailii Statutes: Firearms Act 1968 5(1)(aba) 16A, Offences Against the Persons Act 1861 Jurisdiction: England and Wales Criminal Sentencing Updated: 01 July 2022; Ref: scu.624043
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
Appeal from conviction of wounding with intent to cause grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861. Citations: [2009] EWCA Crim 1590 Links: Bailii Jurisdiction: England and Wales Crime Updated: 29 June 2022; Ref: scu.375548
The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Each contracted HIV. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, … Continue reading Konzani, Regina v: CACD 17 Mar 2005
The court applied a subjective test when asking whether the defendant intended the harm caused. Citations: (1961) 45 Cr App R 304 Statutes: Offences Against the Persons Act 1861 46 Jurisdiction: England and Wales Cited by: Cited – Fook, Regina v CACD 22-Oct-1993 The defendant appealed his conviction for assault. He had suspected a lodger … Continue reading Regina v Metharam: CCA 1961
Appeal against conviction for inflicting grievous bodily harm contrary to section 20 of the Offences Against the Person Act 1861. Judges: Hallett LJ, Leveson, Simon JJ Citations: [2006] EWCA Crim 2413 Links: Bailii Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Crime Updated: 23 June 2022; Ref: scu.245673
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal re-instated it, and the applicants now appealed again. The applicants had first sought advice from the council and had … Continue reading Din (Taj) v Wandsworth London Borough Council: HL 26 Nov 1981
The defendant was attacked by his victim, and he hit his victim in the face. He was charged with wounding with intent to do grievous bodily harm with an alternative of unlawful wounding also open to the jury. The judge gave no direction on the meaning of ‘maliciously’ and the jury convicted under section 20. … Continue reading Regina v Mowatt: CACD 20 Jun 1967
Citations: [2019] EWCA Crim 176 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Crime Updated: 03 June 2022; Ref: scu.634187
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault. Held: The appeal failed: ‘we can see no good reason why body modification should be placed in a special category of exemption from the general rule that the … Continue reading BM, Regina v: CACD 22 Mar 2018
AG’s appeal against sentence of 4 years for wounding with intent as unduly lenient Citations: [2019] EWCA Crim 259 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 May 2022; Ref: scu.634205
The appellant had pleaded guilty to count 3, unlawful wounding, contrary to section 20 of the 1861 Act. The trial went ahead on counts 1 and 2, attempted murder and wounding with intent; all three counts in the alternative. After a majority direction the jury, asked to deliver its verdict, was unable to agree on … Continue reading Regina v McEvilly: CACD 2008
The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003
The defendant had been accused of the theft of a chocolate bar from a shop, and of assault on the store detective who had detained him. He had been acquitted of the charge of theft, and now appealed against the conviction for the assault saying that he had resisted an unlawful arrest. Held: The defendant’s … Continue reading Regina v Self: CACD 25 Feb 1992
The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child. Held: The appeal failed. A battery could be inflicted even though the force actually used was … Continue reading Haystead v Director of Public Prosecutions: QBD 2 Jun 2000
Two men quarrelled in a public house. One struck at the other with his belt. The glancing blow bounced off and struck the prosecutrix, wounding her severely. He was prosecuted for having unlawfully and maliciously wounded her, contrary to section 20 1861 Act. Counsel for the defendant relied on Pembliton. Held: Lord Coleridge CJ said: … Continue reading Regina v Latimer: 1886
The defendant appealed a conviction for attempting to cause grievous bodily harm. He had faced trial on a charge of attempted murder, and the judge had left open to the jury the alternative of the offence for which he had been convicted. Held: The question was one of law, whether a count of attempted murder … Continue reading Regina v Morrison: CACD 20 May 2003
(Crown Court at Birmingham) A doctor who had fitted a patient, with an IUD was charged with an offence under section 58 of the 1861 Act. Having heard medical evidence from two consultant gynaecologists and legal argument the judge withdrew the case from the jury. The medical expert said ‘so far as the current thinking … Continue reading Regina v Dhingra: CC 1991
The defendant a schoolboy aged 15 had spilled some acid during a chemistry lesson. He went to wash his hands, but took a test tube of acid with him. Hearing others coming and panicking, he poured it into an upturned hot air drier. He returned to class, intending to come back later. In the meantime, … Continue reading Director of Public Prosecutions v K (a Minor): QBD 1990
The defendant shot an airgun at a group of people. He hit someone just below the eye, causing bruising, but not breaking the skin. One blood vessel at least below the skin burst. Held: His conviction was set aside. A conviction under section 20 for wounding required evidence of a break in the continuity of … Continue reading J J C (A Minor) v Eisenhower: QBD 1983
The defendants appealed their convictions under common law for a conspiracy to defraud. The conspiracy was within the jurisdiction but the intended fraudulent acts would happen in Germany. The Court of Appeal quashed the convictions for conspiracy. Held: The House rejected the prosecutor’s appeal on the basis that a conspiracy to commit a crime abroad … Continue reading Board of Trade v Owen: HL 1957
Earl Russell was charged with an offence under section 57, namely ‘Whosoever being married shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony.’ He was alleged to have married for a … Continue reading Rex v Earl Russell: HL 1901
