Key Point
- The victim’s characteristics, including his age, must be considered in deciding whether the harm caused constitutes actual bodily harm
Facts
- D dropped his partner’s baby (V) during a night of drinking causing bruising on V’s leg
- V had sustained other injuries but evidence was unclear how
- D was convicted under section 18 of the Offences Against the Person Act 1861 for intentionally causing grievous bodily harm (GBH)
- D appealed on the basis that V’s injuries did not amount to GBH as they had to be assessed without reference to V’s age and health
Held (Court of Appeal)
- Appeal allowed – the conviction was substituted for assault occasioning actual bodily harm under s47
Fulford J
- Assessment of the harm had to be made on the basis of effect on the particular individual
- The injuries need not be life-threatening, dangerous or permanent to constitute GBH
- Injuries had to be viewed collectively to assess whether they were serious
- Injuries had to be caused by one continuous course of conduct constituting a continuous assault
- Although V’s age had to be taken into account when assessing his injuries, the judge failed to direct the jury to determine D’s responsibility in inflicting the injuries was uncertain, as such the conviction was unsafe
Get tutored by top graduates from Oxbridge
Sign Up