Crime XXXXXXXXXIX – s.18 and s.20 of the Offences Against Person Act (1861) V
2.
Grievous Bodily Harm. Grievous bodily harm is defined as serious harm to
another person or harm that is above or more serious than actual bodily harm
(ABH).
In
DPP v Smith (1961) – Smith had stolen some goods and loaded it to the back of
his car. A policeman ordered him to stop but he drove off instead and the
policeman jumped on to the back of the car in order to stop him. The policeman
was subsequently thrown off from the back of the vehicle, into the path of
other oncoming vehicles and died as a result. The defendant was tried and
convicted. The defendant appealed.
The
House of Lords unanimously upheld the conviction. In doing what he (Smith) did,
he must, as a reasonable man have contemplated that serious harm was likely to
occur. Hence, he is guilty of murder.
The
test in DPP v Smith (1961) is as follows: - If the jury is satisfied that he
(Smith) must as a reasonable man have contemplated that grievous bodily harm
(GBH) was likely to have resulted to the policeman from his actions and such
harm did in actual fact occur, then the accused is guilty of murder. On the
other hand, if the jury is satisfied that he (Smith) could not have
contemplated that the policeman would incur grievous bodily harm (GBH) as a
result of his actions then the verdict would be guilty of manslaughter.
The
test in DPP v Smith (1961) was supplanted by Section 8 of the Criminal Justice
Act (1967) – Proof of criminal intent.
A
court or jury, in determining whether a person has committed an offence –
(a)
shall not be bound in law to infer that he intended or foresaw a result of his
actions by reason only of its being a natural and probable consequence of those
actions; but
(b)
shall decide whether he did intend or foresee that result by reference to all
the evidence, drawing such inferences from the evidence as appear proper in the
circumstances.
Copyright
© 2019 by Dyarne Ward
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