Crime XXXXXXXXXVII – s.18 and s.20 of the Offences Against Person Act (1861) III
In
order to obtain a conviction under s. 20, the prosecution needs to satisfy the
four components that make up the actus rues (physical element). They are as follows:
-
1. The
act must be unlawful
2. Wounding
Or
3. Inflicting/Causing
grievous bodily harm (GBH)
4. On
another person.
The
unlawful act: -
In
Fagan v MPC (1969) the defendant was in his car when he was approached by a
police officer who told him to move his vehicle. The defendant did so and
reversed his car onto the foot of the police officer. The police officer
somewhat forcefully told the defendant to move the car off his foot and the
defendant swore at the police officer, switched off the engine and refused to
do so. The defendant was tried and convicted for assault and appealed the
decision. The appeal was dismissed.
With
reference to children any punishment that is imposed must only be to the extent
that it is reasonable and anything beyond that may lead to criminal charges.
In
R v Hopley (1860) the defendant was a schoolmaster who was charged with causing
the death of one his pupils which was brought about or precipitated by
excessive punishment.
It
was held that a parent or a guardian may punish a child provided that it
doesn’t go too far and it is done with the intention of correcting the child
and not for the gratification of passion or rage.
S.
58 of the Childrens Act 2004 elaborates further on the subject-
Reasonable
punishment
(1)
In relation to any offence specified in subsection (2), battery of a child
cannot be justified on the ground that it constituted reasonable punishment.
(2)
The offences referred to in subsection (1) are—
(a)
An offence under section 18 or 20 of the Offences against the Person Act 1861
(wounding and causing grievous bodily harm);
(b)
An offence under section 47 of that Act (assault occasioning actual bodily
harm);
(c)
An offence under section 1 of the Children and Young Persons Act 1933 (cruelty
to persons under 16).
(3)
Battery of a child causing actual bodily harm to the child cannot be justified
in any civil proceedings on the ground that it constituted reasonable
punishment.
(4)
For the purposes of subsection (3) “actual bodily harm” has the same meaning as
it has for the purposes of section 47 of the Offences against the Person Act
1861.
(5)
In section 1 of the Children and Young Persons Act 1933, omit subsection (7).
Section
1 (1) of the Children and Young Persons Act 1933 reads as follows: -
If
any person who has attained the age of sixteen years and has
responsibility for any child or young person under that age, willfully
assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures
him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner
likely to cause him unnecessary suffering or injury to health (including injury
to or loss of sight, or hearing, or limb, or organ of the body, and any mental
derangement), that person shall be guilty of a misdemeanor, and shall be
liable—
(a)
On conviction on indictment, to a fine . . . or alternatively . . . or in addition
thereto, to imprisonment for any term not exceeding ten years;
(b)
On summary conviction, to a fine not exceeding £400 pounds, or
alternatively . . . or in addition thereto, to imprisonment for any term not
exceeding six months.
Copyright
© 2019 by Dyarne Ward
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