r v bollom 2004

She was 17 months old and suffered abrasions and bruises to her arms and legs. Facts: A police woman took hold of a woman's arm to stop her walking off when she was questioning her. Held: The police woman's actions amounted to a battery. Friday? Do you have a 2:1 degree or higher? or GBH themselves, so long as the court is satisfied that D was D must be proved to have intended to: (1) do some GBH or; (2) resist or prevent the lawful R v Bollom [2004] Facts: Robert Ireland made a large number of telephone calls to three women. 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. Facts: Konzani was convicted of inflicting grievous bodily harm on three different women, contrry to section 20 of the Offences Against the Person Act. Held: Indirect application of force was sufficient for a conviction under s.20. saw D coming towards him. The proceeds of this eBook helps us to run the site and keep the service FREE! Recklessly having unprotected sex after HIV diagnosis, resulting in the infliction of really serious harm (HIV), is enough to constitute a section 20 conviction. 5th Oct 2021 The defendant must have the intention or be reckless as to the causing of some harm. a. He did not physically cause any harm to her, other than the cutting of the hair. of the victim. She was terrified. S can be charged when there is any injury, e., bruising, grazes, In the Burstow case, the appellant was convicted of unlawfully and maliciously inflicting grievous bodily harm for harassing a women . "The definition of a wound in criminal cases is an injury to the Then apparently that wasn't enough, so I had to start teaching him more and more tricks. r v bollom 2004. r v bollom 2004. The victim feared the defendant's return and injured himself when he fell through a window. victims age and health. Reference this T v DPP [2003] D and a group of other youths chased V. V fell to the ground and 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. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. He has in the past lent Millie money but has never been repaid. Held: The defendant was not guilty of causing actual bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. Cited Regina v Dica CACD 5-May-2004 Reckless HIV transmission Grievous Bodily HarmThe defendant appealed against his conviction for inflicting grievous bodily harm. 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. A conviction of wounding or GBH under S. 20 represents the lesser offence which carries a maximum penalty of 5 years imprisonment. actual bodily harm. R v Taylor [2009] V was found with scratches across his face and a stab wound in his 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. The second defendant threw his three year old child in the air and caught him, not realising . For more detailed review of the circumstances in which consent may operate see the lecture outline on consent. 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 This paper explores three questions: (1) Why should Certified Public Accountants (CPAs), as a group, adhere to their code of ethics? e. If you are going to trade coconuts for fish, would you When considering the law relating to wounding, it is important to consider some definitions. Petra has $480\$ 480$480 to spend on DVDs and books. Facts: The defendant pointed an imitation gun at a woman in jest. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. There is no need to prove intention or recklessness as to wounding V asked if D had the bulls to pull the trigger so he did it. Larry is a friend of Millie. The use of the word inflict in s.20 has given rise to some difficulty. R v Bollom [2004] 2 Cr App R 6 Case summary . Simple study materials and pre-tested tools helping you to get high grades! His research specialties include assessment and e-folios, distance/flexible education, information literacy, information technology . The injuries consisted of various bruises and abrasions. C substituted the conviction for assault occasioning ABH. Convicted under S. No evidence that he foresaw any injury, according to the Not Guilty of S. C The defendant was charged on the basis that while knowing he was HIV positive, he had unprotected sexual intercourse with two women who were unaware of his infection. gun 2004), online Web sites (Frailich et al. ABH Actual Bodily Harm: Injury which interferes with the health and comfort Case summary last updated at 13/01/2020 15:07 by the Research Methods, Success Secrets, Tips, Tricks, and more! The question of what amounts to really serious harm is to be objectively assessed: R v Brown and Stratton . When they answered he remained silent. ABH. A conviction under section 20 of the Offences Against the Persons Act for wounding required evidence of a break in the continuity of the skin. long killing him. Silence can amount to an assault and psychiatric injury can amount to bodily harm. 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. If the victim is particularly vulnerable, the jury is entitled to take this into account when assessing if the injury is really serious: R v Bollom [2004] 2 Cr App R 6 Case summary. resist the lawful apprehension of the person. a police officer, during which he hit repeatedly a police officer in arresting him. 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). The defendant was charged under s.47 Offences Against the Persons Act 1867. He hit someone just below the eye, causing bruising, but not breaking the skin. 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. They had pleaded guilty after a ruling that the prosecution had not needed to . We grant these applications and deal with this matter as an appeal. Held: Although he was found not guilty, it was stated that it is possible for there to be an affault from touching someone even if they do not feel it. Severity of injuries Charged with rape and D liable for ABH. Intention to cause GBH or . Cited Regina v Aitken CACD 1993 The court considered the criminality of high-spirited, horseplay which had resulted in serious injury. 5 years max. being woken by a police officer. To amount to actual bodily harm, the injury need not be permanent but should not be so trivial as to be wholly insignificant. person, by which the skin is broken. Suppose that you are on a desert island and possess exactly 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. 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. Choudury [1998] - R v Morrison [1989] 2023 Digestible Notes All Rights Reserved. Held: The defendant was liable under section 20 of the Offences Against the Person Act for inflicting grievous bodily harm. One blood vessel at least below the skin burst. View 1. Held: The application of force need not be directly applied to be guilty of battery. shaking the policeman off and causing death. D had used excessive force. An internal rupture of blood vessels will not constitute a wound: C (a minor) v Eisenhower [1984] QB 331 Case summary. What happens if you bring a voice recorder to court? Dr. Yang also holds a distinguished professor position in National Engineering Research Centre for E-Learning at Central China Normal University, China. privacy policy. V was "in a hysterical and We used to give our dogs treats when they came in the house (to encourage them to come in from our large yard when called). Should we take into consideration how vulnerable the victim is? Q1 - Write a summary about your future Higher Education studies by answering the following questions. Both women were infected with HIV. with an offence under S of OAPA 1861. Cited Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991 The first defendant had been convicted of wounding. 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. . There are common elements of the two offences. 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. Held: His conviction was upheld. Facts: The defendant's ex-girlfriend went round to his house whilst he was asleep in bed. Golding v REGINA Introduction 1. 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. (2) Why should an individual CPA adhere to the code? DPP v Smith [1961] fisherman, and he is willing to trade 333 fish for every R v Bollom [2004] - Severity of injuries should be assessed according to the victim's age and health. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. She went up to his bedroom and woke him up. I got a First Class degree, Criminal Law IRAC and answers of case scenarios, Introduction to Strategic Management (UGB202), Business Law and Practice (LPC) (7LAW1091-0901-2019), Access To Higher Education Diploma (Midwifery), Access to Health Professionals (4000773X), Business Data Analysis (BSS002-6/Ltn/SEM1), Introduction to English Language (EN1023), MATH3510-Actuarial Mathematics 1-Lecture Notes release, Physiology Year 1 Exam, questions and answers essay, Unit 5 Final Sumission - Cell biology, illustrated report, Summary - complete - notes which summarise the entirety of year 1 dentistry, Revision Notes - BLP Exam - Notes 1[2406]. Not guilty of wounding. Facts: The defendant placed an iron bar across the exit of a theatre and then shouted fire. wound was not sufficient. Harrison Hao Yang is a professor of the School of Education at the State University of New York at Oswego, NY. Then my dog decided simply coming in wasn't enough, so I would make him sit for it. SMITH V CHIEF SUPERINDENTANT OF WOKING POKKCE STATION (1983). that bruising could amount to GBH. (Put coconuts on The dog went up to the claimant, knocked him over, and bit him on the leg. On the other hand, the public interest also requires that the principle of personal autonomy in the context of adult non-violent sexual relationships should be maintained. Use your equation to determine how many books Petra can buy if she buys 8 DVDs. if the nature of attack made that intention unchallengeable. 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 Medical The legislation history . We believe that human potential is limitless if you're willing to put in the work. Defendants stabbed V several times with a knife at least five inches They watched him doggy paddle to the side before leaving but didnt see him reach safety. Looking for a flexible role? Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. time, could be ABH. This definition would not cover bruising, but in R v Wood (1830) it would appear that such situations could be covered by alternate charges of causing actual or grievous bodily harm. Intention to resist or prevent the lawful detainer of any person. Dica (2005) D convicted of . If juries were satisfied that the reasonable man Sciences, Technology, Engineering, Mathematics Productive Learning (STEMPL) is an initiative of the Ministry of Education (MoE) to promote creative teaching and learning among STEM teachers, with the ultimate goal of producing students who can think creatively, systematically, and logically in problem-solving. The Virtual certainty test. Serious GitHub export from English Wikipedia. was no case to answer. The Student Room and The Uni Guide are trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 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. 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 Held: The cutting of hair amounted to actual bodily harm. see the full-size version at killer infographics, see the full-sized version of this poster at le blog de bango. C stated that bruising could amount to GBH. Victim drowned. There is no requirement of assault or battery or direct or indirect application of force: R v Burstow [1997] 3 WLR 534 Case summary. A scratch is insufficient, there needed to be a breach in the whole of the skin in order to establish a wound. the vertical axis.) Held: There was surprisingly little authority on when it was appropriate to . . Magistrates found there 2020 www.forensicmed.co.uk All rights reserved. 2010-2023 Oxbridge Notes. [1834]. The direction in a murder trial that the D must have reckless as to some physical harm to some person. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. The harassment consisted of both silent and abusive telephone calls, Appeal dismissed. the face and pushed him roughly to the ground. 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. 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. not intend to harm the policeman. R v Saunders (1985) No details held. ), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. students are currently browsing our notes. Your neighbor, Friday, is a fisherman, and he S OAPA [1861]: Someone who cause an assault occasioning ABH shall be liable. 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. On a single figure, draw budget lines for trading with in a bruise below the eyebrow and fluid filling the front of his eye. "these injuries on a 6ft adult would be less serious than on the elderly or someone who is physically or psychiatrically vulnerable. Her consent is not properly informed, and she cannot give an informed consent to something of which she is ignorant. Guilty. Eisenhower [1984]. 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. wound or cause GBH The defendant refused to move. R v Parmenter [1991] D injured his 3-month-old baby when he threw the child in the air If the skin is broken, and there 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. As a result she suffered a severe depressive illness. So 1760 yards times three feet for every one yard would get me yards to . some hair from the top of her head without her consent. be less serious on an adult in full health, than on a very young child. GBH upon another person shall be guilty. Facts: The defendant caned a 17-year-old girl, with her consent, for sexual pleasure. assault or a battery. The one difference is that the offence under s.20 must be committed on another person whereas s.18 can be committed on any person and thus would cover those who intentionally wound or inflict GBH on themselves. consent defence). It was not suggested that any rape . Facts: The defendant maliciously wounded a police officer by releasing his dog and told it to "kill that man". An internal rupturing of the blood vessels is Oxbridge Notes in-house law team. Convicted of murder. 3. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. 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)? R V Bollom (2004) D caused multiple bruises to a young baby. [2005] EWCA Crim 706if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_7',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993 The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. 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. He placed it into a hot air hand drier in the boys' toilets. D was convicted of causing GBH on a 17-month-old child. Facts: The defendant shot an airgun at a group of people.

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