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Search Results for: Offences against the Person Act 1861 47
Regina v Roberts: 1971
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
Regina v Richardson: CACD 6 Apr 1998
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
Regina v Saunders: CACD 8 Dec 1999
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
Regina v Spratt: CACD 2 Jan 1990
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
Nedrick-Smith v -Director of Public Prosecutions: Admn 15 Nov 2006
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
Regina v Wilson: CACD 5 Mar 1996
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
Regina v Emmett: CACD 18 Jun 1999
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
Regina v Burns, Paul: CACD 27 Apr 2010
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
Firth v Epping Magistrates Court: Admn 3 Feb 2011
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
Wilkinson, Regina (on the Application Of) v Director of Public Prosecutions: Admn 21 Feb 2003
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H, Regina (on the Application Of) v Director of Public Prosecutions: Admn 24 Jan 2003
Assault Occasioning Actual Bodily Harm – identity parade. . .
Regina v Ireland: CACD 14 May 1996
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 . .
Regina v Chan-Fook: CACD 15 Nov 1993
‘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. . .
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
Regina v Maxwell: CACD 11 May 1994
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
Regina v Brown etc: CACD 15 Apr 1992
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
Bannergee, Regina v: CACD 19 May 2020
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
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
Regina v K: HL 25 Jul 2001
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
In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
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
Airedale NHS Trust v Bland: HL 4 Feb 1993
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
Bailey, Regina v: CACD 11 Mar 1983
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
Regina v Mowatt: CACD 20 Jun 1967
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
BM, Regina v: CACD 22 Mar 2018
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
Rex v Donovan: CCA 1934
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
Regina v Self: CACD 25 Feb 1992
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
Director of Public Prosecutions v K (a Minor): QBD 1990
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
Board of Trade v Owen: HL 1957
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
Director of Public Prosecutions v Smith (Michael): QBD 17 Jan 2006
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
Dickinson v Yates: CA 27 Nov 1986
The claimant sought damages against the police for assault, wrongful arrest, false imprisonment and malicious prosecution arising from an arrest for a suspected drink-driving offence. He was acquitted of charges of assaulting a police officer in the execution of his duty and failing to give a sample under the Road Traffic Act 1972. The police … Continue reading Dickinson v Yates: CA 27 Nov 1986
Maybin, Regina v: CANI 18 Feb 2021
Judges: Treacy LJ , Maguire LJ and Mcfarland J Citations: [2021] NICA 12 Links: Bailii Statutes: Offences Against the Person Act 1861 18 Jurisdiction: Northern Ireland Northern Ireland Updated: 05 April 2022; Ref: scu.667476
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
Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
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
Jones v First Tier Tribunal and Another: SC 17 Apr 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
Regina v Savage; Director of Public Prosecutions v Parmenter: HL 7 Nov 1991
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
Regina v Clarence: CCCR 20 Nov 1888
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
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
Collins v Wilcock: QBD 1984
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
Regina v Burstow, Regina v Ireland: HL 24 Jul 1997
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
Regina v Wilson (Clarence); Regina v Jenkins: HL 1983
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 . .
Regina v Taylor: 1869
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 . .
Regina v Clarence: CCCR 1888
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 convictions for assault and causing grievous bodily harm.
Held: ‘The question in this case is . .