r v bollom

JJC v Eisenhower [1984] QB 331 defines wounding as the breaking of both layers of the external skin: the dermis and the epidermis. His actus reus was pushing PC Adamski over and his mens rea was For the purposes of this element of the actus reus it must first be shown that the harm was grievous. R v Brown (Anthony) [1994] 1 AC 212 - Case Summary - lawprof.co protected from the offender. The defendant tried to appeal the charge on the basis that he believed inflict to require the direct application of force but the Court held that this was not the case as direct force was sufficient for the purposes of inflicting harm. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Jon, aged 14 decided to play a practical joke on his friend Zeika. AR - R v Bollom. prison, doing unpaid work in the community, obeying a curfew or paying a fine. Just because a defendant intends to avoid arrest this does not automatically mean that he intends harm or is subjectively reckless as to whether some harm will be caused. scared, they just have to hold the belief that violence will occur. This is shown in the case of R v Cunningham (1957). 6 of 1980, A substantial loss of blood, usually requiring a transfusion, Those which require lengthy medical treatment or result in a period of incapacity, A permanent disability or loss of sensory functions, Dislocated joints, displaced limbs and fracturing to the skull. A R v Martin. With regards to consent, R v Brown [1994] 1 AC 212 and Attorney Generals Reference no. When expanded it provides a list of search options that will switch the search inputs to match the current selection. patients and direct them to the doctors when needed, because of Beths carelessness she For instance, there is no Both defendants held the same intention and carried out the same act and yet only one of them will face a homicide charge. At trial the judge directed the jury that malicious meant wicked and the defendant was convicted. Golding v REGINA | [2014] EWCA Crim 889 - Casemine R v Bollom. This was reckless as proven by the actus reus but the mens rea which is the intention ABH and GBH - Lecture notes 2 - The Offences Against the - Studocu Strict liability Flashcards | Quizlet Free resources to assist you with your legal studies! Grievous bodily harm/Wounding is also defined in the Offences Against the Person Act 1861. 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. R v Bollom (2014) 'In deciding whether injuries are grievous, an assessment has to be made of the effect of the harm on the individual. For example, dangerous driving. On this basis the jury convicted and the defendant appealed. As well as this, words can also negate a threat. The mere fact that the same injuries on a healthy adult would be less serious does not alter the fact that in determining the appropriate charge, due regard must be had for the actual harm suffered by the victim. He was convicted of driving when disqualified even though he believed it had been lifted as his licence had been sent back to him. Assault occasioning ABH is defined as an assault which causes Bodily Harm (ABH). Consider that on a literal interpretation a paper cut could constitute a wound which is clearly vastly less serious than the level of harm encompassed by GBH so it seems wrong that they are classed as equally serious for the purposes of charging! In addition, the defendant need not be in fear, i.e. Several people were severely injured as a result of the defendants actions and he was charged under s.20 OAPA 1861. It proposes to deal with them as follows: Despite this Bill being proposed back in 1998 there remains no change and the Offences Against the Persons Act 1861 remains good law in this area. applying contemporary social standards, In deciding whether injuries are grievous, an assessment has to be made of the effect of the harm on GBH = serious psychiatric injury. As Zeika reached the top of the stairs, Jon jumped out and The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs. When that level of harm is inflicted on a person it is often left to fate as to whether or not it will prove fatal. In relation to this element of the mens rea, it is necessary for the prosecution also to prove the maliciously element. In finding whether that particular defendant foresaw the GBH as a virtually certain consequence of his actions, the jury are required to make this decision on an assessment of all of the evidence put before them. Psychiatric injury can amount to GBH - 'the woman was diagnosed with having a severe depressive illness' . The actus reus for Beth would A We grant these applications and deal with this matter as an appeal. Age and frailty are factors that can be considered when deciding whether injuries are enough to be GBH. The meaning of the word inflict has caused some confusion over the years. This was the situation until R v Martin (1881) 8 QBD 54. Terms in this set (13) Facts. Obiter in R v Mowatt [1968] 1 QB 421 extended this further to suggest that there is no need for intention or recklessness as to causing GBH or wounding; mere intention or recklessness as to the causing of some physical harm, albeit it very minor harm, will suffice. Held: The judge had been correct to say that what constituted grievous bodily harm had to be looked at in the context of the . Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. The appellant ripped a gas meter from the wall in order to steal the money in the meter. The statutory policy is to apply pressure to those who have dissipated (or more usually laundered) their assets during a . This was seen in R v Dica, where the defendant caused the victim to become infected with the HIV virus by having unprotected sex without informing them that he was _HIV-positive. The offence is indictable only which means it must be heard and sentenced at crown court. The victim turned to the defendant and demanded to know where his friend had gone. It is the absolute maximum harm inflicted upon a person without it proving fatal. The defendant inflicted various injuries upon his partners seventeen month old child, including bruises and cuts. defendant's actions. R v Bollom (2004) Which case decided that assault can be GBH if the victim inflicts GBH upon themselves in order to escape the defendant? In light of these considerations, the correct approach is therefore to conduct an independent assessment of all the facts on a case by case basis. To explain this reasoning further, a fit and healthy 20-year-old will be able to sustain a higher level of harm before this becomes really serious, than a 6-week-old baby or a frail 80-year-old. The first indicator of lawfulness is that the detainment takes the form of an arrest. R v Chan fook - Harm can not be so trivial as to be wholly insignificant. malicious and not intended to hurt Zika, he has now caused her an injury by scaring her, This was reckless as proven by the actus reus but the men, 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. directed by the doctor. v Pittwood (1902) would back this up as the defendant did not adequately fulfill their duty. 41 Q Which case said that GBH can be committed indirectly? This could be done by putting them in prison, criminal law - E-lawresources.co.uk She succeeded in her case that the officer had committed battery, as he had gone beyond mere touching and had tried to restrain her, even though she was not being arrested. The Court of Appeal therefore substituted a conviction for section 20 __GBH rather than section 18. restricting their activities or supervision by probation. malicious and not intended to hurt Zika, he has now caused her an injury by scaring her. PC Adamski required brain surgery after being pushed over and banging his head on a curb 6 of 1980 have established that a person may give valid consent to GBH, but only where it is in the public interest for them to do so (see Chapter 4.1 for a more in-depth discussion as to this). subjective, not only on the foresight of the risk, but also on the reasonableness of the R v Ireland and Burstow [1997] UKHL 34 clarified that the harm does not have to be physical and that a serious psychiatric injury could amount to GBH. There is criticism with regards to the definition of wounding which can be satisfied by a very low level of harm, for example a paper cut. - playing with fire proof suits, if self-administered, this breaks the chain of causation, substance noxious so long as it irritates another - can be so small a dose that add up, did not foresee actions causing harm =NO MR, unlawful act of administering noxious substance caused death -, best interests defence, unable to make decision themselves - woman mentally handicapped, sexual urges but did not understand pregnancy, would be traumatic - didn't want to separate from male (sterilised her in best interest), best interests - donate bone marrow to sister so she lives and can visit - cannot consent nor understand the circumstances, Caesarean in bet interest (was actually a battery), abolish defence of chastisement - charged with inflicting GBH, used defence - inhumane - may cases - should change legislation. Assignment Learning Aim C and D Part 2 - Studocu Inconsistencies exist within the provisions themselves. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. It Is The Court explained inflict merely required force being applied to the body of the victim causing them to suffer GBH. Case in Focus: R v Ireland and Burstow [1997] UKHL 34. For the purposes of the provisions injury would encompass physical injury, such as pain, unconsciousness and any impairment to physical condition, as well as mental injury which would include any impairment of a persons mental health, The draft Bill expressly defines intention and recklessness and states that for the purposes of the offences the harm intended or foreseen must related to the act committed, which would overturn the law established in. ), Actual Bodily harm and Grievous Bodily Harm, Criminal-LAW- Revision Consent, Liability, Defences AND Causation, Criminal LAW Revision - Theft Robber Burglary Neccesity, Public Law (Constitutional, Administrative And Human Rights Law) (LA1020), Politics and International Relations (L200), Introduction to English Language (EN1023), Extensive lecture notes from the lectures Equity and Trust Law 2013/14 (64 pages), Macroeconomics Class - Complete Set Of Lecture Notes, Principles of Fashion Marketing- Marketing Audit Report, Endocrinology - Lecture notes 12,13,14,15, 314255810 02 Importance of Deen in Human Life, Introduction To Accounting Summary/Revision Notes, Changes in Key Theme - Psychology Revision for Component 2 OCR, Q1 Explain the relationship between resilience and mental wellbeing, Social Area - Psychology Revision for Component 2 OCR. The defendant felt threatened by the demands and knocked the victim to the floor, repeatedly punching him in the face. He put on a scary mask In this casethe defendant put a metal bar across the exit of a theatre, turned off the lights and then shouted fire, fire! which provoked people to run towards the exit where the bar was. Only an intention to kill or cause GBH i s needed to . Held: The judge had been correct to say that what constituted grievous bodily harm had to be looked at in the context of the person harmed. In R v Constanza, the defendant wrote the victim letters which caused the victim to feel threatened, either now or in the future. Originally the case of R v Cunningham [1957] 2 QB 396 considered this in relation to the Offences Against the Persons Act 1861 and held it to mean intention or subjective recklessness. Once the level of harm has been quantified, it needs to be shown that the harm was inflicted by the defendant. Microeconomics - Lecture notes First year. Accordingly, as there is no strict legal test as to ascertaining what really serious harm is, it is necessary to look to case studies for guidance. Physical act and mens rea is the mental element. DPP v Smith [1961] AC 290 explained that GBH should be given its ordinary and natural meaning, that is really serious harm. After work the defendant and his cousin went over to his fathers house and attacked her, breaking her nose, knocking out three teeth, causing a laceration over the one eye, a concussion and heavy bruising. The positi, defendant's actions. Before making any decision, you must read the full case report and take professional advice as appropriate. R v Briggs [2004] Crim LR 495. care as a nurse because its her job to look after her patients and make sure they are safe, Facts The defendant inflicted various injuries upon his partner's seventeen month old child, including bruises and cuts. foresee a risk or result and unreasonably go on to take the risk. criminal sentence. merely transient and trifling, The word harm is a synonym for injury. The defendant appealed against his conviction for causing grievous bodily harm. Temporary injuries can be sufficient. not necessary for us to set out why that was so because the statutory language is clear. D dropped his partner's baby (V) during a night of drinking causing bruising on V's leg. It was presupposed to mean a direct application of harm with the understanding that a s20 offence required the GBH to be caused directly to the victim. Facts. culpability it is more likely a 5 years imprisonment with a fine due to the fact the police officer crime by preventing the offender from committing more crime and putting others off from R v Savage (1991): on a s charge, a conviction under s is available as an alternative R v Bollom D harmed a baby VS CHARACTERISTICS CAN BE TAKEN INTO ACCOUNT R v Taylor's V was found with scratches but medical evidence couldn't tell how bad they were. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. shouted boo. Simple and digestible information on studying law effectively. unsatisfactory on the basis that it is unclear, uses old language and is structurally flawed. After all, inflicting the same injuries to a strong and healthy 21 year old and a frail 90 year old will usually result in very different levels of harm and so the law should reflect this. verdict R v Ratnasabapathy (2009)- brain damage This caused gas to escape. In the Ireland case, the appellant was convicted of three counts of assault occasioning actual bodily harm for harassing three women by making repeated silent telephone calls to them. Key point. R v Bollom (2004) R v Dica (2004) JCC v Eisenhower (1983) R v Burstow (1997) R v Dica (2004) MR Intention or subjective recklessness to cause some harm R v Parmenter (1991) Trial and sentencing Triable either way offence - In Crown or Magistrates - Max sentence 5 years custodial His intentions of wanting to hurt the R v Aitken and Others (1992)- burns There is confusing terminology, especially with regards to maliciously and inflict. It wasnt until the defendant decided to leave the car there that the battery occurred. mens rea would be trying to scare her as a practical joke. This was decided in R v Burstow, where the victim suffered sever depression as a result of being stalked by the defendant. Chemistry unit 2 assignment D, Chp 1 - Strategy (SBL Notes by Sir Hasan Dossani). assessment of harm done in an individual case in a contested trial will be a matter for the jury, Lecture Notes - Psychology: Counseling Psychology Notes (Lecture 1), Pdf-order-block-smart-money-concepts compress, 04a Practice papers set 2 - Paper 1H - Solutions, Buckeye Chiller Systems and the Micro Fin Joint Venture Case Study Solution & Analysis, Phn tch im ging v khc nhau gia hng ha sc lao ng v hng ha thng thng, Multiple Choice Questions Chapter 1 What is Economics, Acoples-storz - info de acoples storz usados en la industria agropecuaria. (RED) Non-Fatal Offences Flashcards by Abi Stark | Brainscape Battery is the physical extension to assault and not only includes violence, but can mean any unwanted touching. shows he did not mean to cause GBH s20 therefore he may receive a few years of For example, a defendant punches a thin pain of glass that the victim is standing behind, intending to break the glass but realising that in doing that it is virtually certain that he will hit the victim, even though this is not his primary intention. One new video every week (I accept requests and reply to everything!) Banner Homes Group Plc v Luff Developments. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01. All of the usual defences are available in relation to a charge of GBH. Beths statement indicates that she couldnt be bothered to turn Oliver The defendant was out in the pub when she saw her husbands ex-girlfriend. To export a reference to this article please select a referencing style below: Free law resources to assist you with your LLB or SQE studies! sentences are given when an offence is so serious that it is deemed to be the only suitable something and achieving the aim for example this is shown in the case of, however indirect intention is wanting to do something but the result was not what it was, foresee a risk or result and unreasonably go on to take the risk. R v Bollom. AR for battery = 'ABH is harm or injury calculated to interfere with health or comfort' - hysterical and nervous condition created by Miller from his beating, amounting to ABH, ABH/GBH can be psychiatric (affecting the brain) - no need for the harm to be visible, not the case with psychological issues -rang people then was silent, psychiatric problems can constitute ABH, not psychological - no evidence that he had assaulted her, causing ABH, the great stress that she had suffered lead to her suicide, this was insufficient, mens rea for ABH, just intent/recklessness for underlying assault or battery - intended to pour beer over women, using constructive liability she had the intent to cause the harm in ABH (cut by the glass), GBH is 'really serious' bodily harm - with policeman chasing him on Bonnet, D knocked policemen into path of oncoming driver, killing - used virtual certainty test for murder (what reasonable person), whether bodily harm is grievous is based on the individual - D convicted of GBH under s.18 for injuries he inflicted on his partner's 17 month old daughter - assess individual situation - could not prove it was all from one offence, lesser offence of ABH was used, harm need not be permanent or dangerous and is done in individual cases, psychiatric harm can amount to bodily harm, word inflict means 'cause' can be direct or direct -stalked her, had serious condition, those who recklessly transmit HIV and inflict GBH w/o consent is guilty under s.20 (only liable if foresaw possibility of passing on GBH) (however small) - despite no assault battery GBH made out, did not intend to maliciously poison - did not foresee, was just wanting money from gas meter - no ABH/GBH, to be liable under s.20 must intend/foresee SOME harm (not full extent) - did not foresee ANY harm, lacked mens rea, but did intend battery so can be liable under s.47 - not as hard as s.20 to prove - MUST IN OWN MIND FORESEE), consent only stands as a defence when the activity was carried out for good reason e.g. This provision refers to causing serious injury and makes no reference to inflicting, wounding or bodily harm. IMPORTANT:This site reports and summarizes cases. It should be noted that the if the defendant intended injury, they do not have to have intended serious injury. A Direct intention (R v Mohan) or recklessness (R v Cunningham) as to cause some harm (R v Mowatt). He put on a scary mask, shouted boo. Regina v Bollom: CACD 8 Dec 2003. 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. Accordingly, inflict can be taken to mean the direct or indirect application of force, or the causing of psychiatric harm. something back, for example, by the payment of compensation or through restorative justice. In this case the defendant passed gonorrhoea to two children through poor hygiene. take victim as you find them, bruising can be GBH. In offering a direction as to the s.20 offence the trial judge made no reference to the meaning of the word malicious. Despite being originally held not to be so in the case of R v Clarence (1888) 22 QBD 23, following R v Dica [2004] 3 ALL ER 593 Inflict now also encompasses the transmission of sexual diseases, such as HIV, where these are serious enough to be constituted as GBH, and the defendant is aware that there is a risk that they are suffering from the disease (R v Adaye (2004) unreported). We do not provide advice. In R v Miller the court stated that actual bodily harm was any hurt or injury calculated to interfere with the health or comfort of the victim. The draft Bill actually sets out a definition of injury in order to provide clear and specific, legally binding guidance as to what this entails. It may be for example. A two-inch bruise for example on said 20-year-old might be painful but not really serious, whereas on a new born baby this would likely be indicative of a very severe risk to the health of the child. This could include setting a booby trap. R v Bollom 19. words convey in their ordinary meaning. The difference between Back then infection was common as tetanus shots, antibiotics were not as readily available as they are today, and people did not possess the knowledge of sterilisation, sanitation and treating wounds that we hold at present. ways that may not be fair. Such injuries would have been less serious on a grown adult, and the jury could properly allow for that. The word grievous is taken to mean serious. Entertainment the Painful Process of Rethinking Consent, https://www.lawinsport.com/topics/item/the-role-and-extent-of-criminal-sanctions-in-sport#references, The Regulation of on-the-ball Offences: Challenges in Court, Perceptions of Playing Culture in Sport: The Problem of Diverse Opinion in the Light of Barnes. This was affirmed in the case of R v Parmenter [1991] 94 Cr App R 193 which considered the meaning of maliciously specifically in relation to the s.20 offence. Notably however, in the instance case, the defendants conviction for GBH under s. 18 was lessened to a charge of ABH under s. 47 as expert medical testimony suggested that the injuries sustained by the victim likely occurred over a prolonged period of time, rather than in the course of a single event, as would be necessary for a finding of GBH. drug addiction or alcohol abuse. In the Burstow case, the appellant was convicted of unlawfully and maliciously inflicting grievous bodily harm for harassing a women . Grievous bodily harm (GBH) and Wounding are the most serious of the non-fatal offences against the person, charged under s.18 and s.20 of the Offences Against the Persons Act 1861. for a discharge or a fine but not so serious that a sentence must be given. The intention element of the mens rea is important in relation to where a wound occurs as it shows causing a wound with intention merely to wound as per the Eisenhower definition will not suffice. Check out Adapt the A-level & GCSE revision timetable app. As the defendant was not used to handling the child he had no idea his conduct would cause the child harm. unless it can be established that the defendant was under a duty to care whereas a The House held that It was not necessary to demonstrate the defendant had the mens rea in relation to level of harm inflicted. R v Tierney (2009): on a s charge, a conviction of assault or battery is an alternative If the offence intended, for example R v Nedrick (1986). Homicide revision notes criminal law - Kill or grievous - StuDocu This is because, as confirmed in R v Bollom [2003] EWCA Crim 2846 an important consideration as to whether harm can be classed as grievous is dependent on the characteristics of the victim and therefore the law cannot reasonably provide a one size fits all list of injuries that this will encompass. Actus reus is the conduct of the accused. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, The normal rules of causation apply to dete, is no need for it to be permanent) should not be so tr, Introductory Econometrics for Finance (Chris Brooks), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. The alternative actus reus of inflicting grievous bodily harm should be considered. I help people navigate their law degrees. Whilst a s.20 offence may be committed recklessly, the s.18 offence specifically requires intention. This is well illustrated by DPP v Smith, where the defendant cut off the victims pony tail and some hair from the top of her head without her consent. A direct intention is wanting to do (GBH) means r eally serious har m (DPP v Smith [1961]). An intent to wound is insufficient. Case in Focus: R v Brown and Stratton [1988] Crim LR 484. One can go even further in the definition of the battery and argue that the touching of the hem of a skirt constitues a battery. A battery may occur as part of a continuing act. Bodily harm has its ordinary meaning and includes any hurt or injury calculated to interfere with the Sometimes it is possible that an assault can be negated. R v Wilson [1984] AC 242 overruled Clarence in this regard and held this was not the case. The facts of the cases of both men were similar. inflict may be taken to be interchangeable, I can find no warrant for giving the words grievous bodily harm a meaning other than that which the R v Brown [1985] Crim LR 212. serious. R v Bollom - LawTeacher.net As with any problem question on non-fatal offences against the person, make sure that you read the question in full first and check that the victim does not die as a result of the harm. the two is the mens rea required. This obiter was confirmed in R v Savage [1991] 94 Cr App R 193. At trial the judge directed the jury that must convict if the defendant should have foreseen that the handling of his infant son would result in some harm occurring to the child. crimes where the actus reus of the offence requires proof that the conduct caused a crime. carrying out his duty which she did not allow. Golding v REGINA Introduction 1. TJ. As the amount of hair was substantial, the Divisional Court decided that the hair-cutting should amount to ABH. R v Parmenter. certain rules to comply, if they dont they may be sentenced. not getting arrested and therefore pushed the PC over. As with the proposed s.20 offence, any reference to wounding or bodily harm is removed. R v Brady (2006)- broken neck In R v Johnson (Beverley) [2016] EWCA Crim 10; [2016] 4 WLR 57, at para. 2003-2023 Chegg Inc. All rights reserved. The actus reus of a s offence is identical to the actus reus of a s offence. R v Bollom. Following Ireland and Burstow this is definition is qualified in relation to psychiatric harm and there is no requirement for there to be any application of force whatsoever, either direct or indirect. For example, punching someone in the face, intending to break their nose. If the GBH or wound is caused when the defendant is intending to resist an unlawful arrest, then this will be insufficient to satisfy the mens rea of the offence.

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