Crime CII – s.18 and s.20 of the Offences Against Person Act (1861) VIII

Grievous Bodily Harm includes psychiatric illnesses. However an action for causing a psychiatric illness is best brought under s20 of the Offences Against Person Act (1861) because a s18 conviction of the same act requires a break in the continuity of the skin see JJC v Eisenhower (1984)

In R v Ireland and Burstow (1998) the defendant and the victim were in a brief relationship which the victim unexpectedly ended. Unhappy with the victim’s decision, the defendant harassed the victim for several months making repeated phone calls, sending her threatening letters, turning up unexpectedly and speaking to her neighbors. The defendant’s actions caused the victim to succumb to a psychiatric illness (severe depression).

It was decided that: –

1. Words are sufficient to constitute an assault. In fact, silence alone for example in instances where the caller calls the victim and remains silent can constitute an assault – the proposition … that words cannot suffice is unrealistic and indefensible. With reference to phone calls – that fact that the caller calls and remains silent to cause fear and intimidation is sufficient to constitute an assault – Lord Steyn see R v Ireland (1998)
2.     Psychiatric illness (injury) does fall under the scope of bodily harm or can be classified or categorized as bodily harm (whether it is actual bodily harm or grievous bodily harm most likely depends on the severity of the offence, keeping in mind that it is possible to substitute a s.20 conviction for a s.47 conviction)

Copyright © 2019 by Dyarne Ward


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