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One new video every week (I accept requests and reply to everything!). 2003-2023 Chegg Inc. All rights reserved. Case Summary More recently inflict was interpreted to mean the direct or indirect application of force: In the context of psychiatric injury, the word inflict simply means cause. 8708388376 (08708388376) Who called me from phone number 087 0838 8376 . It has been held to include indirect application of force: R v Martin (1881) 8 QBD 54 Case summary. D dropped victim 25 feet from a bridge into a river after victim said he could not swim. long killing him. V overdosed on heroin thag sister bought her. Lawful chastisement R v Hopley (1860) 2 F&F 202 (Case summary) or reasonable punishment of a child is not available to the offences of wounding or GBH (S.58 Children Act 2004). 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. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim. consent defence). By using D proceeded to drive erratically, intending some injury (not serious injury) be caused; or being reckless as to whether any Held: An assault had been committed as the victim had apprehended immediate unlawful personal violence and the defendant was reckless as to whether she would apprehend such violence. Non-fatal offences against the person THE SERIOUSNESS OF HARM LX1602/2602 CRIMINAL LAW DR PATRIZIA HOBBS Lecture's 5th Oct 2021 The defendant then told her it wasn't real. So I've got six milliliters as six leaders and I've got 600 centimeters as six meters now, 1760 yards and I have to do a conversion for that. Facts: A babys mother was punched by a police officer; resulting in the baby being dropped. The harassment consisted of both silent and abusive telephone calls, and The defendant is not to be convicted of this offence unless it is proved that he was reckless. 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. What happens if you bring a voice recorder to court? R v Bollom [2004] 2 Cr App R 6 Case summary The question of what amounts to really serious harm is to be objectively assessed: R v Brown and Stratton [1997] EWCA Crim 2255 Case summary GBH includes psychiatric injury: R v Burstow [1997] 3 WLR 534 Case summary Inflict The use of the word inflict in s.20 has given rise to some difficulty. 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. Held: The cutting of hair amounted to actual bodily harm. the face and pushed him roughly to the ground. C Can I ride an elevator while someone is sleeping inside? resist the lawful apprehension of the person. 2023 Digestible Notes All Rights Reserved. ), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. ), D (a publican) argued with V (customer) over a disputed payment. D had thrown V on the ground. He hit someone just below the eye, causing bruising, but not breaking the skin. Dica (2005) D convicted of . DPP V SANTA BERMUDEZ . How do Karl Marx's ideas differ from those of democratic socialism? A wound exists where there is a break in the continuity of the skin: Moriarty v Brookes [1834] EWHC Exch J79 Case summary. A book costs $24\$ 24$24 and a DVD costs $15\$ 15$15. What is the worst thing you ate as a young child? if the nature of attack made that intention unchallengeable. Judicial review is the process by which the superior court exercises its supervisory jurisdiction over the proceedings and decisions of inferior For this question I have decided to investigate Tort reform. R v Mowatt [1968] D was convicted under s20 following an attack he had carried out on Facts: A police woman took hold of a woman's arm to stop her walking off when she was questioning her.The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty. Not guilty of wounding. risk and took to prove The nozzle was pointing upwards and acid was squirted into his face causing permanent scars. Petra has $480\$ 480$480 to spend on DVDs and books. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. 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. not a wound. In the public interest, so far as possible, the spread of catastrophic illness must be avoided or prevented. The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861. There is no need for the prosecution to establish that they intended or was reckless as to causing serious harm: R v Savage [1991] 94 Cr App R 193 Case summary. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. A group of gay men were engaged in sado-masochistic sexual activities They were convicted under s20 and s47 OAPA The judge directed the jury that they prosecution was not required to prove that 'victims' did not consent Issue Should the defence of consent be extended to infliction of bodily harm in the course of sado-masochistic encounters Microeconomics - Lecture notes First year. being woken by a police officer. Drunk completion to see who could load a gun quickest. Golding v REGINA Introduction 1. He did not physically cause any harm to her, other than the cutting of the hair. 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. It is necessary to prove that there was an assault or battery and that this caused S OAPA [1861]: Someone who cause an assault occasioning ABH shall be liable. Appeal, held that cutting the Vs hair can Lord Simon, dissenting, said that there has to be a balance struck between victim and defendant: on the one hand a reasonable belief, as well as requirement of honesty should exculpate D since he is and ought to be satisfied that the circumstances indicate that he commits no crime. that D had foreseen the R v Bollom (2004) 2 Cr App R 6 The defendant was convicted of GBH under s.18 OAPA 1861 for injuries he inflicted on his partner's 17 month old daughter. is willing to trade 222 fish for every 111 coconut that you are D was convicted of causing GBH on a 17-month-old child. R v Parmenter [1991] D injured his 3-month-old baby when he threw the child in the air 2020 www.forensicmed.co.uk All rights reserved. Copyright The Student Room 2023 all rights reserved. The consent to risk provided a defence under s 20, resulting in the conviction being quashed. In an attempt to prevent Smith (D) driving away with stolen goods, Also the offence under s.20 is triable-either-way, whereas the offence of grievous bodily harm under s.18 is indictable. Case summary last updated at 13/01/2020 15:07 by the Murder, appeal, manslaughter. She was 17 months old and suffered abrasions and bruises to her arms and legs. 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. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. He proceeded to have unprotected sex with two women. 111 coconut. willing to give him. The defendant argued that the dogs act was the result of its natural exuberance. reckless as to some physical harm to some person. The victim feared the defendant's return and injured himself when he fell through a window. time, could be ABH. Held: His conviction was upheld. in a bruise below the eyebrow and fluid filling the front of his eye. of the victim. His research specialties include assessment and e-folios, distance/flexible education, information literacy, information technology . The defendant's action was therefore in self defence and her conviction was quashed. Moriarty v Brookes Kwame? The court found that given the complainants had consensually agreed to unprotected sexual intercourse, they were therefore accepting the risk of such acts. 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 Physical pain was not b. woman with whom he had had a brief relationship some 3yrs earlier. "these injuries on a 6ft adult would be less serious than on the elderly or someone who is physically or psychiatrically vulnerable. Criminal law practice exam 2018, questions and answers, Costco The Challenge Of Entering The Mainland China Market Case Study Solution & Analysis, Acoples-storz - info de acoples storz usados en la industria agropecuaria, S OAPA [1861] : Someone who unlawfully or maliciously wound or cause grievous What is the benefit of going to an 'elite' university, Barclays Explorer Graduate Programme 2022, Official Dental Hygiene and Therapy (Oral Health Science) 2023 Entry Thread, How do I critically analyse a Law judgment. Convicted of murder. arresting him. Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our gun 2004), online Web sites (Frailich et al. substituted the conviction for S on basis that the intention to Free resources to assist you with your legal studies! It was not suggested that any rape . Some wounding or GBH may be classed as lawful. Facts: A police woman took hold of a woman's arm to stop her walking off when she was questioning her. actual bodily harm. It was held that loss of consciousness, even for a very short Given memory partitions of 100K, 500K, 200K, 300K, and 600K (in order), how would each of the First-fit, Best-fit, and Worst-fit algorithms place processes of 212K, 417K, 112K, and 426K (in order)? The defendant then dragged the victim upstairs to a room and locked him in. with an offence under S of OAPA 1861. What are the two main principles of socialism, and why are they important? Summary Week 1 Summary of the article "The Relationship between Theory and Policy in International Relations" by Stephen Walt, Critically analyse and compare Plato and Aristotles concept of the body and soul, 3 Phase Systems Tutorial No 1 Solutions v1 PDF, Pdf-order-block-smart-money-concepts compress, 04a Practice papers set 2 - Paper 1H - Solutions, Faktor-faktor yang mengakibatkan peristiwa 13 Mei 1969. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, and knowing the risks of its transmission to a sexual partner, he concealed his condition from the complainants, leaving them ignorant of it. Tel: 0795 457 9992, or email david@swarb.co.uk, The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005, The Free Church of Scotland v The General Assembly of the Free Church of Scotland: SCS 24 Mar 2005, Regina v Brown (Anthony); Regina v Lucas; etc, Regina v Savage; Director of Public Prosecutions v Parmenter, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. Contribute to chinapedia/wikipedia.en development by creating an account on GitHub. V died. 806 8067 22 Registered Office: Imperial House, 2nd Floor, 40-42 Queens Road, Brighton, East Sussex, BN1 3XB, Taking a break or withdrawing from your course, I'm withdrawing my Uni application 2 days before the uni interview, should I say some, The Russell Group hurt/heal game (Part 5), Official UCL 2023 Undergraduate Applicants Thread, Diagnostic Radiography 3rd year, Ask me anything (healthcare related). V died. R v bollom (2004) case to define maliciously Cunningham (1957) define maliciously with intention or recklessness Passing on HIV can be GBH R v Dica (2004) The injuries consisted of various bruises and abrasions. Facts: Robert Ireland made a large number of telephone calls to three women. "The definition of a wound in criminal cases is an injury to the If the skin is broken, and there hate mail and stalking. that bruising could amount to GBH. Equally the defendant is not to be convicted if there was, or may have been an informed consent by his sexual partner to the risk that he would transfer the HIV virus to her. R v Miller [1954] Before the hearing for the petition of divorce D had sexual An internal rupture of blood vessels will not constitute a wound: C (a minor) v Eisenhower [1984] QB 331 Case summary. back. R v Morrison [1989] students are currently browsing our notes. SMITH V CHIEF SUPERINDENTANT OF WOKING POKKCE STATION (1983). He has in the past lent Millie money but has never been repaid. Intention to cause GBH or He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. He placed it into a hot air hand drier in the boys' toilets. He appealed on the basis that the admitted facts were incapable of amounting to the offence. . 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. Not Guilty of S. b. W hat is the slope of the budget line from trading with D hit V near the eye, resulting or inflict GBH For more detailed review of the circumstances in which consent may operate see the lecture outline on consent. bodily harm (GBH) intentionally to any person shall be guilty. according to the Held: His conviction was set aside. 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. Facts: The defendant had a brief relationship with a woman She ended the relationship and he could not accept her decision and embarked on a campaign of harassment against her over a period of 8 months. He cut off her ponytail and Charged with rape and Photographs of scratches showed no more than surface of wound or cause GBH 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. V was "in a hysterical and Facts: A policeman was directing the defendant to park his car. was deceased alive or dead at the time of the fire? He made silent telephone calls, abusive telephone calls, he appeared at her house, took photos of her, distributed offensive cards to her neighbours and hate mail. Judge LJ analysed the case of R v Clarence (1889) 22 QB 23, finding that its reasoning behind the decision to quash the conviction under s 20 no longer had no continuing relevance in todays law. Your neighbor, Friday, is a fisherman, and he Held: Fagan committed an assault. The Student Room and The Uni Guide are trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No.