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.
Judges:
Lord Bingham of Cornhill LCJ, Owen, Connell JJ
Citations:
Gazette 25-Sep-1996, Times 30-Jul-1996, [1996] EWHC Admin 49, [1997] 1 Cr App R 144
Links:
Statutes:
Offences Against the Person Act 1861 20
Jurisdiction:
England and Wales
Citing:
Cited – Fagan v Metropolitan Commissioner 31-Jul-1968
The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s foot. The magistrates were unable to decide whether the parking on the officer’s foot was deliberate, but agreed that . .
Cited – 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. . .
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 10 July 2022; Ref: scu.88399