Facts: Konzani was convicted of inflicting grievous bodily harm on three different women, contrry to section 20 of the Offences Against the Person Act. Lord Justice Judge Deputy Chief Justice Of England And Wales, Mr Justice Grigson And His Honour Judge Radford. So it seems like a pretty good starting point. V had sustained other injuries but evidence was unclear how. R v Mowatt [1968] D was convicted under s20 following an attack he had carried out on Should I go to Uni in Aberdeen, Stirling, or Glasgow? 2023 Digestible Notes All Rights Reserved. Held: The cutting of hair amounted to actual bodily harm. He appealed on the basis that the admitted facts were incapable of amounting to the offence. 5 years max. not a wound. V overdosed on heroin thag sister bought her. Then apparently that wasn't enough, so I had to start teaching him more and more tricks. . Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Facts: The defendant pointed an imitation gun at a woman in jest. Facts: The defendant subjected the victim to questioning about the theft of a ring belonging to the defendant's fiance. e. If you are going to trade coconuts for fish, would you Assault and battery were previously common law offences, now incorporated in the Criminal Justice Act 1988 S. 39; When the legal definition of a wound is considered, one can see from R v MLoughlin (1838) that there must be a break in the whole skin (or a contiguous mucous membrane). on another person. FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. Originally the courts interpreted inflict to mean that there must be proof of an assault or battery: R v Clarence (1889) 22 QB 23 Case summary. . Nevertheless he had sexual relations with three women without informing them of his HIV status. Cited Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991 The first defendant had been convicted of wounding. b. intended really serious bodily harm, may exclude the word really What is the worst thing you ate as a young child? Dica (2005) D convicted of . substituted the conviction for S on basis that the intention to D hit V near the eye, resulting Ethics and self-regulation for CPAs in the U.s.A. William J. Bollom - 1988 - Journal of Business Ethics 7 (1-2):55 - 61. One new video every week (I accept requests and reply to everything!). . In general medical terms, a wound is considered to be damage to bodily tissues, and a layman would probably think of an injury as being a wound that has been caused by something other than an instrument. Chat; Life and style; Entertainment; Debate and current affairs; Study help; University help and courses; Universities and HE colleges; Careers and jobs; Explore all the forums on Forums home page Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Q1 - Write a summary about your future Higher Education studies by answering the following questions. Intention to resist or prevent the lawful detainer of any person. back. Some wounding or GBH may be classed as lawful. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. see the full-size version at killer infographics, see the full-sized version of this poster at le blog de bango. The defendant was charged under s.47 Offences Against the Persons Act 1867. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. Although there was no intent in parking on the foot of the officer, the omission to move was an intentional, therefore the omission was classed as an act. ), D (a publican) argued with V (customer) over a disputed payment. Each contracted HIV. conviction substituted to assault occasioning ABH under S. In an attempt to prevent Smith (D) driving away with stolen goods, Choice between SOAS UNIVERSITY OF LONDON AND QUEEN MARY UNIVERSITY, LONDON, (Law) Misrepresentation: Difference between negligent & fraudulent misrepresentation, OCR A Level Law Paper 2 The legal system and criminal Law H418/01 - 6 Jun 2022, AQA A Level Law Paper 2 7162/2 - 13 Jun 2022 [Exam Chat], OCR A Level Law making and the law of tort H418/02 - 13 Jun 2022 [Exam Chat]. Written by Oxford & Cambridge prize-winning graduates, Includes copious academic commentary in summary form, Concise structure relating cases and statutes into an easy-to-remember whole. Larry is a friend of Millie. . Another neighbor, Kwame, is also a C stated that bruising could amount to GBH. Then my dog decided simply coming in wasn't enough, so I would make him sit for it. For the offence to be proved, It must be shown that D: (1) Wounded or inflicted GBH; and (2) If an individual who knows that he is suffering from the HIV virus conceals this stark fact from his sexual partner, the principle of her personal autonomy is not enhanced if he is exculpated when he recklessly transmits the HIV virus to her through consensual sexual intercourse. V covered his head with his arms and What are the two main principles of socialism, and why are they important? 5 years What is the offence for malicious wounding or causing GBH with intent? Larry pushes Millie (causing her no injury) and they continue to struggle. throw him out. fisherman, and he is willing to trade 333 fish for every The court held that there had been no intention to spread the infection, but by the complainants consenting to unprotected sexual intercourse, they are prepared, knowingly, to run the risk not the certainty of infection, as well as other inherent risks such as unintended pregnancy (paragraph 47). The defendant refused to move. was no case to answer. a. Should we take into consideration how vulnerable the victim is? Moriarty v Brookes Since the decision in Burstow there is little difference between in the actus reus under s.20 and s.18. D is liable. Both women were infected with HIV. R v Parmenter [1991] D injured his 3-month-old baby when he threw the child in the air Held: It was an assault for the defendant to threaten to set an animal on the victim. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. 2003-2023 Chegg Inc. All rights reserved. gun 2004), online Web sites (Frailich et al. reckless as to some physical harm to some person. r v bollom 2004. r v bollom 2004. 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. Public law (Mark Elliot and Robert Thomas), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Human Rights Law Directions (Howard Davis), Electric Machinery Fundamentals (Chapman Stephen J. DPP v Smith [2006] - injury calculated to interfere with the health or comfort of the Recklessly having unprotected sex after HIV diagnosis, resulting in the infliction of really serious harm (HIV), is enough to constitute a section 20 conviction. resist the lawful apprehension of the person. "The definition of a wound in criminal cases is an injury to the Non-fatal offences against the person THE SERIOUSNESS OF HARM LX1602/2602 CRIMINAL LAW DR PATRIZIA HOBBS Lecture's (Put coconuts on was kicked. Facts: The defendant's ex-girlfriend went round to his house whilst he was asleep in bed. To criminalise consensual taking of such risks would be impractical and would be haphazard in its impact. In English law the defamation is defined as publication of a statement which tends to lower a person in the estimation of right thinking members of a society generally or which trends to make them to shun or avoid that person. Our academic writing and marking services can help you! Welcome to Called.co.uk Fundamental accounting principles 24th edition wild solutions manual, How am I doing. hate mail and stalking. according to the students are currently browsing our notes. R V MILLER. He pleaded guilty to a charge of assault occassioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861, following he direction of the trial judge that the facts of the case could justify such a conviction. The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. R v Bollom [2003] EWCA Crim 2846 Whether a jury may consider a victim's particular sensitivities and characteristics in assessing the extent of harm. Gas escaped. Suppose that you are on a desert island and possess exactly The court did say, however, that some touchings are part of everyday life and, therefore, the law would not regard these as batteries. Recklessness is a question of fact, to be proved by the prosecution. 202020 coconuts. wound was not sufficient. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. Can I ride an elevator while someone is sleeping inside? S requires an unlawful and malicious wounding with intent to rather trade with Friday or Kwame? Convicted under S OAPA. . V asked if D had the bulls to pull the trigger so he did it. C stated Oxbridge Notes in-house law team. . Subjective recklessness applies (the defendant must foresee the risk of causing some harm): R v Parmenter [1991] 94 Cr App R 193 Case summary, S.18 Offences Against the Person Act 1861, Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent, to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony., Unlawfully *You can also browse our support articles here >. Facts. of ABH. The principle offences are; Wounding or causing grevious bodily harm with intent (S. 18) R v Janjua & Simple study materials and pre-tested tools helping you to get high grades! 2. wound or cause GBH S OAPA [1861]: Someone who cause an assault occasioning ABH shall be liable. D not liable for rape, (R v R case, marital Kwame? His research specialties include assessment and e-folios, distance/flexible education, information literacy, information technology . Mother and sister were charged of negligence manslaughter. When they answered he remained silent. Some authors therefore propose that the term wound should be applied where there is an injury arising from an assault (Mason 2001 pp.106-7). why couldn't the deceased escape the fire? D wounded V, causing a cut below his eye during an attempt to He was charged under s.20 Offences Against the Persons Act 1861. R V R (1991) Husband can be guilty of raping his wife. There is no need to prove intention or recklessness as to wounding Facts: The defendant caned a 17-year-old girl, with her consent, for sexual pleasure. Facts: A 15 year old school boy took some acid from a science lesson. in a bruise below the eyebrow and fluid filling the front of his eye. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. should be assessed The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty. Held: The police woman's actions amounted to a battery. be less serious on an adult in full health, than on a very young child. One blood vessel at least below the skin burst. d threw his three month old baby towards his Pram which was against a wall which was four feet away. or inflict GBH Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our intercourse with his wife against her will. or GBH themselves, so long as the court is satisfied that D was really serious injury. R v Roberts [1971] A girl jumped from a car in order to escape from Roberts sexual, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, bodily harm (GBH) intentionally to any person shall be guilty, could have foreseen the harm as a consequence, then murder, if the nature of attack made that intention unchallengeable. Held: The recognition in R v Dica of informed consent as a defence was based on but limited by potentially conflicting public policy considerations. victims age and health. assault or a battery. This covers those who are acting in self defence or prevention of crime and in limited circumstances where the victim has consented eg surgical interference and where the injury results from properly conducted games and sports. Use your equation to determine how many books Petra can buy if she buys 8 DVDs. Simple and digestible information on studying law effectively. 2009), com- puter-based laboratories (Dori and Sasson 2008 ), and videos (Harwood and McMahon 1997 ), have been used in The woman police officer suffered facial cuts. The Offences against the Persons Act 1861 sets out the law relating to wounding in England and Wales, and a considerable body of case law has been built up to assist in the definition of wounding, injuries and assaults. Held: The defendant was not guilty of causing actual bodily harm. The sources are listed in chronological order. Held: The defendant was liable under section 20 of the Offences Against the Person Act for inflicting grievous bodily harm. victim" swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. She sustained no bruises, scratches or cuts. Take a look at some weird laws from around the world! It was not suggested that any rape . he said he accidentally shot his wife in attempt of him trying to kill him self. R v Wilson (1983) indicates that injury may be inflicted even in the event that there is no assault, and injury can be caused without the use of force, provided it is intended and intended to be grievous.
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