Proof of pregnancy was unnecessary to establish an offence under the Act of procuring a miscarriage. Citations: (1846) 1 Den CC 187 Statutes: Offences against the Person Act 1837 Jurisdiction: England and Wales Cited by: Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002 The claimant challenged the Order as … Continue reading Rex v Goodhall: 1846
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
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
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 though not, of course, for using it in that way: ”The long … Continue reading Regina v Jura: CCA 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
The Judge should choose whether to wait overnight before sending the jury out. Citations: Times 29-Jun-1993 Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Criminal Practice Updated: 26 October 2022; Ref: scu.86828
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
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
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 sentence. Citations: Times 28-Dec-1998 Statutes: Offences Against the Person Act 1861 18, Crime (Sentences) Act 1997 … Continue reading Regina v Goodwin; Regina v O’B; Regina v H: CACD 28 Dec 1998
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
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
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 convictions had been for obtaining by deception, but those convictions could not stand following … Continue reading Regina v Dawson, Dawson: CACD 14 Jul 1997
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
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 convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
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
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
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
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 notes of the medical experts the father is proposing to instruct in … Continue reading S County Council v B: FD 29 Jul 1999
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
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
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal re-instated it, and the applicants now appealed again. The applicants had first sought advice from the council and had … Continue reading Din (Taj) v Wandsworth London Borough Council: HL 26 Nov 1981
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
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
(Crown Court at Birmingham) A doctor who had fitted a patient, with an IUD was charged with an offence under section 58 of the 1861 Act. Having heard medical evidence from two consultant gynaecologists and legal argument the judge withdrew the case from the jury. The medical expert said ‘so far as the current thinking … Continue reading Regina v Dhingra: CC 1991
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
The defendant shot an airgun at a group of people. He hit someone just below the eye, causing bruising, but not breaking the skin. One blood vessel at least below the skin burst. Held: His conviction was set aside. A conviction under section 20 for wounding required evidence of a break in the continuity of … Continue reading J J C (A Minor) v Eisenhower: QBD 1983
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
Earl Russell was charged with an offence under section 57, namely ‘Whosoever being married shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony.’ He was alleged to have married for a … Continue reading Rex v Earl Russell: HL 1901
Chief Justice Bovill said, referring to the 1861 Act: ‘At the time that Act (24 and 25 Vict. c. 96) was passed theft by a partner of the goods of the firm did not fall within the criminal law, either common or statute. This defect was supplied by 31 and 32 Vict. c. 116, which, … Continue reading Regina v Jesse Smith: 1871
The term ‘person’ where it appeared in s.4 of the 1861 Act was held to include an unborn child provided it was subsequently born alive. Soliciting a woman to kill her unborn child after it is born constitutes incitement. Citations: [1919] 2 KB 125 Statutes: Offences Against the Person Act 1861 4 Jurisdiction: England and … Continue reading Rex v Shephard: CA 1919
The defendant had used his car to chase some people who had assaulted him and had so manoeuvred his car as to prevent their escape. The statutory defence in the 1967 Act (‘a person may use such force as is reasonable in the circumstances . . in effecting or assisting in the lawful arrest of … Continue reading Regina v Renouf: CACD 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
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 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
The defendant was convicted of unlawfully taking an unmarried girl under the age of 16 out the possession of her father. The defendant bona fide and on reasonable grounds believed that the girl was over 16. Held: This provided no defence. ‘It seems impossible to suppose that the intention of the legislature in those two … Continue reading Regina v Prince: 1875
A public prize-fight was unlawful. Spectators were tried at Berkshire County Quarter Sessions with common assault. The Chairman of Quarter Sessions directed the jury to convict the spectators of common assault on the basis that having stayed to watch the fight, they encouraged it by their presence. Held: Each protagonist was guilty of assaulting the … Continue reading Regina v Coney: QBD 18 Mar 1882
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
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
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 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 . .
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 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. . .
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. . .
(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 . .
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 . .
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 . .
A public prize-fight was unlawful. Spectators were tried at Berkshire County Quarter Sessions with common assault. The Chairman of Quarter Sessions directed the jury to convict the spectators of common assault on the basis that having stayed to . .
