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subjective, not only on the foresight of the risk, but also on the reasonableness of the a 17 month old baby had bruising to her abdomen both arms and left legs d charged with s18 gbh. A prison sentence will also be given when the court believes the public must be There is confusing terminology, especially with regards to maliciously and inflict. 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. Intending to humiliate her, the defendant threw the contents of a drink over the victim. Battery is the physical extension to assault and not only includes violence, but can mean any unwanted touching. words convey in their ordinary meaning. Martin, R v (1881) 8 QBD 54; Thomas, R v (1985) Subscribe on YouTube. 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. This simply sets out that you cannot be guilty of wounding or inflicting GBH on yourself. v Pittwood (1902) would back this up as the defendant did not adequately fulfill their duty. The offence of assault occasioning actual bodily harm is defined in the Offences Against the Person Act 1861, section 47. is no need for it to be permanent) should not be so trivial as to be wholly insignificant), R v Roberts (1972)- concussion; grazes Grievous bodily harm/Wounding is also defined in the Offences Against the Person Act 1861. For example, dangerous driving. Case in Focus: R v Ireland and Burstow [1997] UKHL 34. The, be not directing Oliver to the doctors and her mens rea is that she couldn't be bothered to, something like this would happen but yet she still carried on by taking that risk and is a, but because she didn't do this it comes under negligence and a breach of duty, Jon, aged 14 decided to play a practical joke on his friend Zeika. directed by the doctor. R v Bollom. On this basis the jury convicted and the defendant appealed. unless it can be established that the defendant was under a duty to care whereas a R V Bollom (2004) D caused multiple bruises to a young baby. The defendant felt threatened by the demands and knocked the victim to the floor, repeatedly punching him in the face. Applying the Eisenhower definition this element is satisfied if a break in the external skin arises from the defendants conduct. Simple and digestible information on studying law effectively. Non fatal offences - OCR A Level Law Flashcards | Quizlet There are also The victims characteristics, including his age, must be considered in deciding whether the harm caused constitutes actual bodily harm, D dropped his partners baby (V) during a night of drinking causing bruising on Vs leg, V had sustained other injuries but evidence was unclear how, D was convicted under section 18 of the Offences Against the Person Act 1861 for intentionally causing grievous bodily harm (GBH), D appealed on the basis that Vs injuries did not amount to GBH as they had to be assessed without reference to Vs age and health, Appeal allowed the conviction was substituted for assault occasioning actual bodily harm under s47, Assessment of the harm had to be made on the basis of effect on the particular individual, The injuries need not be life-threatening, dangerous or permanent to constitute GBH, Injuries had to be viewed collectively to assess whether they were serious, Injuries had to be caused by one continuous course of conduct constituting a continuous assault, Although Vs age had to be taken into account when assessing his injuries, the judge failed to direct the jury to determine Ds responsibility in inflicting the injuries was uncertain, as such the conviction was unsafe.