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
The minimum approriate sentence for an offence of s18 wounding was 4 years. . .
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The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
(High Court in Ireland) Hamilton P said: ‘Sections 58 and 59 of the Offences Against the Person Act 1861 protected and protect the foetus in the womb and having regard to the omission of the words ‘Quick with child’ which were contained in the . .
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 . .
‘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 . .
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 . .
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 . .
Appeal against conviction for inflicting grievous bodily harm contrary to section 20 of the Offences Against the Person Act 1861. . .
Appeal from conviction of wounding with intent to cause grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861. . .
‘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 . .
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
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
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
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 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 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 her … Continue reading Regina v Emmett: CACD 18 Jun 1999
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 court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out by nurses acting on the instructions of such a practitioner. Held: The phrase ‘treatment for the … Continue reading Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981
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
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
Hudoc Judgment (Merits and just satisfaction) Lack of jurisdiction (Art. 8); Preliminary objection rejected (victim); Preliminary objection rejected (six month period); Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (out of time); Violation of Art. 10; Not necessary to examine Art. 14+8; Pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs … Continue reading Open Door and Dublin Well Woman v Ireland: ECHR 29 Oct 1992
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 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
Specific Intention as to Damage Caused (Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim. Held: Byrne J said: ‘We have considered those cases R v … Continue reading Regina v Cunningham: CCA 1957
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 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
It was ‘contrary to common sense’ to describe the infliction of a sexually transmitted disease as an assault. A prisoner could upon an indictment under the section be convicted of a common assault, because each offence (‘wounding’ and ‘infliucting . .
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 . .
The defendant had been convicted on his plea of bigamy. His late arriving counsel failed to have the plea withdrawn on his advice that at the second wedding, the defendant had genuinely believed that the first marriage had been dissolved. . .
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 . .
‘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. . .
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 . .
An eminent surgeon openly in a public hospital operated to terminate the pregnancy of a 14 year old girl who had become pregnant in consequence of a violent rape.
Held: The court suggested when summing up that there might be a duty in certain . .
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 . .
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 . .
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 . .
The defendant was guilty of an offence of administering a poison where he sprayed it directly in the victim’s face. . .
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 . .
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 . .
The Judge should choose whether to wait overnight before sending the jury out. . .
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 . .
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 . .
The offence of ‘unlawful wounding’ included a deliberate act which might (not would) cause injury. . .
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 . .
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 . .
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 . .
Head-butting is to be taken as use of weapon for sentencing on unlawful wounding charge. . .
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 . .
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’. . .
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 . .
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 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 . .
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 . .
Appeal against conviction – self defence . .
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 . .
Appeal, brought with the leave of the single judge, against the appellant’s conviction for wounding with intent to do grievous bodily harm, . .
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 . .
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. . .
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 . .
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. . .
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 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 . .
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 . .
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 . .
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 . .
AG’s appeal against sentence of 4 years for wounding with intent as unduly lenient . .
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 . .
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 . .
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 . .
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 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 . .