Crime XXXXXXXXXVIII – s.18 and s.20 of the Offences Against Person Act (1861) IV
1.
Wounding is defined as a break in the skin. In Moriarty v Brookes (1834) a
publican tried to evict a customer who was causing a disturbance and refused to
leave. The publican put his arm around the man’s shoulders and tried to evict
the man and in doing so injured him below the eye (there was a cut in the skin
which resulted in bleeding).
‘If
the violence which occurred took place in an endeavor by the defendant to turn
the plaintiff out of the house, the third plea is proved. However, this plea
does not profess to justify any wounding; therefore, if there was a wound, the
plaintiff is entitled to recover for that. It is proved that the plaintiff was
cut under the eye, and that it bled; and I am of opinion that, that is a
wound.’
The
publican was found guilty and was deemed to have used too much force or
excessive force.
If
there is no break in the skin for example there is only a rapture of internal
blood vessels, then as far as s.18 of the Offences Against Person Act (1861) is
concerned, it will not amount to or be classed or categorized as a wounding.
In
JJC v Eisenhower (1984) the defendant, a minor, fired multiple rounds with an
air-gun at a group of people and another minor in the group sustained injuries
when he was hit by a pellet from the air-gun in the face and it caused the
blood vessels below the surface of the skin to rupture. The defendant was charged
under s.18 of the Offences Against Person Act (1861) and the question before
the court was whether a s. 18 wounding requires a break in the skin.
The
court decided that a conviction under s.18 of the Offences Against Person Act
(1861) requires actual wounding i.e. a break in the continuity of the skin and
even a scratch, for that matter, would not suffice.
Likewise,
a defendant cannot be found guilty of causing or precipitating a psychiatric
illness under s.18, because while psychiatric illnesses are recognized as
physical injuries there is no break in the continuity of the skin but the
defendant can be convicted under s47 of the Offences Against Person Act 1861
see R v Ireland (1998).
Copyright
© 2019 by Dyarne Ward
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