Offences against the Person Act 1861 Flashcards
DPP v Smith 2006
ABH
Cutting the hair of the victim was classified as assault- no need for the victim to show pain
R v Ireland 1997
ABH includes psychological harm. D made a series of silent phone calls. Psychological harm must be medically recognised.
T v DPP 2003
Loss of consciousness can amount to ABH. D chased and kicked V so lost consciousness.
C (A Minor) v Eisenhower 1984
There must be a break in the continuity of the skin. D shot V, ruptured a blood vessel for GBH.
Wood 1830
Breaking a bone will not be enough for GBH
DPP v Smith 1961
OR really serious harm must have been inflicted. GBH (after Wood 1830, breaking a bone will not be enough).
R v Burstow 1997
GBH can include psychological harm. Harrassed a woman for breaking up with him. She suffered severe depressive illness.
Bollom 2004
GBH.
D injured 17 month old daughter. The victim’s age and other factors can be taken into consideration.
R v Slingsby 1995
D penetrated vagina and rectum and the signet ring cut her. Vagina became infected, septicaemia and died. Conviction was quashed as the injury was not foreseeable.
Defence to OAPA.
Wilson 1997
It is not in the public interest to criminalise consensual behaviour. Branded wife’s buttocks.
But R v Brown 1994?