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 not amount to grievous bodily harm.
Held: The appeal against conviction failed: ‘there is nothing in the fresh evidence which would undermine the admission of recklessness. That was, in any event, a matter primarily for the appellant based on his own state of knowledge. There is nothing to detract from the effect of the appellant’s admission by his plea that he knew that there was a risk and went ahead anyway.’
Treacy LJ, Bean J, Lakin HHJ
[2014] EWCA Crim 889
Bailii
Offences Against the Person Act 1861 20
England and Wales
Citing:
Cited – Regina v Ashman 1858
The defendant was charged with shooting with intent. The judge directed the jury: ‘You must be satisfied that the prisoner had an intent to do grievous bodily harm. It is not necessary that such harm should have been actually done, or that it should . .
Cited – 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 . .
Cited – Regina v Bollom CACD 8-Dec-2003
The defendant appealed against his conviction for causing grievous bodily harm. The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs.
Held: The judge had been correct to say that what . .
Cited – Regina v Dica CACD 5-May-2004
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 . .
Cited – A v Regina CACD 13-Mar-2012
The appellant had been the victim of long term abuse and rapes by her husband. She complained of rape. She withdrew her complaint and her statement and was then prosecuted and convicted of doing acts tending to pervert the course of justice. Under . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 03 December 2021; Ref: scu.525094
