Crime CI – s.18 and s.20 of the Offences Against Person Act (1861) VII
When
assessing the nature of the injury (injuries) the jury is to take into account
all factors and whether the injury (injuries) amount to GBH or otherwise is to
be determined by taking into account ordinary standards of usage and experience
and this direction is in line with Section 8 of the Criminal Justice Act
(1967).
In
R v Brown and Stratton (1997) the defendant and his cousin were
embarrassed by the defendant’s father who was undergoing a gender reassignment
and turned up at the defendant’s workplace wearing a dress. Both the defendant
and his cousin after a drinking bout, went over to the where the defendant’s
father was staying, and assaulted her inflicting numerous injuries including a
broken nose, a concussion and knocked out several teeth. The defendants
pleaded guilty to causing actual bodily harm as per S. 47 of the Offences
Against Persons Act (1861) and not grievous bodily harm (GBH) as per S. 18 of
the Offences Against Person Act (1861).
The
trial judge directed the jury to consider the injuries from the perspective of
the victim and if the victim would consider the injuries that she’d sustained
as serious and the defendants were accordingly convicted for causing grievous
bodily harm (GBH) under s18 of the Offences Against Persons Act (1861). The
defendants appealed.
It
was held that while there was a mis-direction (the direction to the jury), it
did not by itself render the conviction unsound. Taking into account the
fact that the defendants were intoxicated at the time the s.18 conviction was
substituted for a s.20 conviction of the same act.
Copyright
© 2019 by Dyarne Ward
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