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
Appeal against conviction – self defence Judges: Maurice Kay LJ, McKinnon, Langstaff JJ Citations:  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
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
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
Appeal, brought with the leave of the single judge, against the appellant’s conviction for wounding with intent to do grievous bodily harm, Citations:  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
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
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
Appeal from sentences for possession of prohibited firearm, and possessing a firearm with intent to cause fear of violence, and wounding with intent. Citations:  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:  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
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:  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 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
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 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
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 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
Citations:  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 minimum approriate sentence for an offence of s18 wounding was 4 years. Judges: Lord Bingham Citations:  EWCA Crim 1070,  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 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:  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 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
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
The defendant had faced only an indictment alleging a malcious wounding charge under s18. The judge had left to the jury the alternative of a conviction for the lesser s20 offence. Held: The lesser charge should normally be included on the indictment expressly, but the judge had nevertheless been correct to leave the alternative to … Continue reading Regina v Lahaye: CACD 12 Oct 2005
The Attorney General referred a sentence for inflicting grievous bodily harm in a ‘road rage’ situation. Held: The section 18 offence should have attracted a sentence of four years after a trial. Citations:  EWCA Crim 68 Statutes: Offences Against the Persons Act 1861 818 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference … Continue reading Attorney-General’s Reference No 88 of 2000: CACD 2001
Joint Enterprise Murder (and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had directed the jury that he would be guilty of murder as … Continue reading Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016
The defendants had been accused of attempted murder. Negotiations led to an agreed lesser charge of inflicting grievous bodily harm, but the charge was misstated by not including the allegation of intent. They now appealed. Held: The appeal failed. ‘It might well be that, at least in some offences, it was desirable practice to state … Continue reading Regina v Hodgson, Regina v Pollin: CACD 8 Apr 2008
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
The prosecutor appealed by way of case stated the dismissal of a charge of assault against the defendant. He was said to have cut off the pony tail of his former girlfriend without her consent. Held: The lopping of hair without consent can constitute actual bodily harm. The appeal was allowed. Judges: Sir Igor Judge, … Continue reading Director of Public Prosecutions v Smith (Michael): QBD 17 Jan 2006
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
Judges: Treacy LJ , Maguire LJ and Mcfarland J Citations:  NICA 12 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Jurisdiction: Northern Ireland Northern Ireland Updated: 05 April 2022; Ref: scu.667476
‘In this case the appellant was convicted of unlawful and malicious wounding contrary to section 20 of the Offences Against the Person Act 1861, but acquitted of having the offensive weapon which he was alleged to have used in the incident. The issue in the appeal is whether that conviction should be quashed on the … Continue reading Dobson, Regina v: CACD 6 Jul 2011
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006
The claimant sought judicial review of a decision of the DPP to intervene in and abandon her private prosecution of two doctors involved n what she said was a decision to carry out abortions which decsions were affected by the sex of the foetus. At the instigation of a newspapers, two women had attended clinics … Continue reading Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another: Admn 18 Dec 2015
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
Oral renewal of an application for permission to appeal who claimed that he had been injured in a crime of violence, namely an assault occasioning actual bodily harm, contrary to section 20 of the Offences Against the Person Act 1861. Longmore LJ  EWCA Civ 1099 Bailii England and Wales Personal Injury Updated: 07 January … Continue reading Kallon v First Tier Tribunal (Sec) (Criminal Injuries): CA 15 Jul 2015
Appeal against conviction and sentence. Fulford LJ, Flaux, Thirlwell JJ  EWCA Crim 1619 Bailii Offences Against the Person Act 1861 16, Firearms Act 1968 18(1) England and Wales Crime Updated: 05 January 2022; Ref: scu.553635
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
The applicant was aged 17 and is the subject of an allegation of having inflicted grievous bodily harm contrary to Section 20 of the Offences against the Person Act 1861. She now challenged the Public Prosecution Service conclusion that the allegation is not suitable for diversionary disposal as an alternative to prosecution as provided for … Continue reading CA (A Minor) v Public Prosecution Service: QBNI 9 Sep 2013
Lord Justice Popplewell, Mr Justice Spencer, His Honour Judge Kearl QC Recorder of Leeds  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
The defendants appealed against their convictions under section 18. Pitchford LJ, Keith, Lewis JJ  EWCA Crim 1836 Bailii Offences Against the Person Act 1861 18 England and Wales Crime Updated: 26 November 2021; Ref: scu.518573
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The defendant had been convicted of several very serious sexual and physical assaults and rapes. He appealed against his conviction, saying that the judge had not fairly represented his defence to the jury. He said that the complainant had been raped, before and had suffered mental health issues, and that her evidence was inconsistent.  … Continue reading Shirley, Regina v: CACD 8 Nov 2013
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
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 Scheme. Held: The appeal was allowed, restoring … Continue reading Jones v First Tier Tribunal and Another: SC 17 Apr 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 appealed from his conviction for manslaughter. He had been found to have prepared heroin by loading it into a syringe and passing it to a friend. Held: Even if ‘the appellant had not himself wielded the syringe, he would have committed an offence under s.23 if he had caused the administration of the … Continue reading Regina v Finlay: CACD 8 Dec 2003
The defendant knew that he had gonorrhea. He had intercourse with his wife, and infected her. She would not have consented had she known. He appealed his convictions for assault and causing grievous bodily harm. Held: ‘The question in this case is whether a man who knows that he has gonorrhea, and who by having … Continue reading Regina v Clarence: CCCR 20 Nov 1888
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 been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely … Continue reading Regina v Kennedy: HL 17 Oct 2007
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 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 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 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
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
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The Court concludes that in Northern Ireland:
(i) There is no general right to abortion whether under the common law or under statute.
(ii) The Northern Ireland Human Rights Commission (‘the Commission’) has legal standing under the . .
Assault Occasioning Actual Bodily Harm – identity parade. . .
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 . .
Appeal by the Attorney General and Department of Justice against an Order declaring that sections 58 and 59 of the 1861 Act and section 25 of the 1945 Act were incompatible with Article 8 of ECHR insofar as it is an offence:
(i) to procure a . .
Renewed application for permission to challenge the decision of a District Judge who refused an application to issue a summons pursuant to s.1(1)(a) of the Magistrates Courts Act 1980 against the former Prime Minister, Tony Blair, for an offence of . .
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. . .
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. . .
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 . .
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. . .
Arguable misdirection in relation to the requisite intent for an offence under section 18 of the Offences Against the Person Act 1861 . .
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 . .
‘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 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 . .
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 . .
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 . .
Appeal from conviction of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 . .
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 . .
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 . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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,  EWHC Admin 49,  1 Cr App R 144 Links: Bailii Statutes: Offences … Continue reading Regina v Burstow: Admn 29 Jul 1996
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 banging of a complainant’s head against a wall or part of a building by an assailant cannot constitute the use of a weapon. It was would be an abuse of language to hold that a part of a building could be a weapon. Citations: Times 17-Aug-1999 Statutes: Offences against the Person Act 1861 20 … Continue reading Regina v Derby Justices, Ex P Director of Public Prosecutions: QBD 17 Aug 1999
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising any risk of injury, but was convicted of inflicting grievous … Continue reading Regina v Savage; Director of Public Prosecutions v Parmenter: HL 7 Nov 1991
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. They had pleaded guilty after a ruling that the prosecution had not needed to prove the absence of consent. They said it was their human right to give consent to … Continue reading Regina v Brown (Anthony); Regina v Lucas; etc: HL 11 Mar 1993
r_martin CCCCR The defendant was accused of unlawful conduct in causing panic at a theatre (by turning off the lights and barring the doors) in the course of which a number of people were injured by trampling as they stampeded down a stairway. His conduct was intended as a prank, but any sane person would … Continue reading Regina v Martin: CCCR 1881
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 offence of ‘unlawful wounding’ included a deliberate act which might (not would) cause injury. . .
Head-butting is to be taken as use of weapon for sentencing on unlawful wounding charge. . .
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