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Search Results for: Offences against the Person Act 1861 45
Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001
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
Kee, Regina v: CACD 10 Jun 2009
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
Regina v Page: CMAC 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
Fook, Regina v: CACD 22 Oct 1993
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
Attorney-General’s Reference No. 41 of 1994; Regina v O’Boyle: CACD 1995
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
Jones v First Tier Tribunal (Social Entitlement Chamber): CA 12 Apr 2011
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
MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
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
CP (A Child) v First-Tier Tribunal (Criminal Injuries Compensation): CA 4 Dec 2014
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
Regina v Metharam: CCA 1961
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
Brady, Regina v: CACD 19 Oct 2006
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
Regina v Rogers: CACD 14 Mar 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
Regina v McEvilly: CACD 2008
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
Regina v Lahaye: CACD 12 Oct 2005
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
Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981
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
Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
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
B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
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
CA v Public Prosecution Service (No 2): QBNI 2 Apr 2014
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
Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
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
White v Regina: CACD 15 Apr 2014
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
Regina v Brown (Anthony); Regina v Lucas; etc: HL 11 Mar 1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. 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
Rodgers, Regina v: CACD 14 Mar 2003
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
Regina v Abu Hamza: CACD 28 Nov 2006
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
Human Rights Commission for Judicial Review (Northern Ireland : Abortion): SC 7 Jun 2018
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 Northern Ireland Human Rights Commission, Re Judicial Review: QBNI 30 Nov 2015
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 Attorney General for Northern Ireland and Another v The Northern Ireland Human Rights Commission: CANI 29 Jun 2017
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 . .
