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"actual bodily harm" Definitions
  1. the crime of causing somebody minor physical injury

181 Sentences With "actual bodily harm"

How to use actual bodily harm in a sentence? Find typical usage patterns (collocations)/phrases/context for "actual bodily harm" and check conjugation/comparative form for "actual bodily harm". Mastering all the usages of "actual bodily harm" from sentence examples published by news publications.

Meanwhile, Sean Balmforth is charged with sexual assault and actual bodily harm.
A second police officer was charged with assault causing actual bodily harm.
The prince sought an acquittal but was convicted of causing actual bodily harm. 5.
He and two of his entourage were charged with assault causing actual bodily harm.
The rapper was charged last week with committing an assault causing actual bodily harm.
He pleaded not guilty to a more serious charge of assault occasioning actual bodily harm.
The man was arrested on suspicion of actual bodily harm and being drunk on board an aircraft.
He pleaded not guilty to assault occasioning actual bodily harm, a more serious charge, according to these reports.
On Thursday he was formally charged with assault causing actual bodily harm, a move that angered Rocky's supporters.
Ended up having to have surgery on his eye and went to jail for ABH [actual bodily harm].
The rapper was charged Thursday with committing assault causing actual bodily harm following an altercation in Stockholm last month.
David received a second conviction years later for ABH [actual bodily harm], and this set in motion deportation proceedings.
Rocky had been charged with one count of assault causing actual bodily harm over a June 30 brawl in Stockholm.
Suneson on Thursday said he had charged Rocky with assault causing actual bodily harm and that two other men were also charged.
Mayer was detained on July 3 in connection with a street brawl on June 30 and later charged with assault causing actual bodily harm.
Retired superintendent Frankly Chu, 58, showed no obvious emotion when principal magistrate Bina Chainrai sentenced him to four months jail for assault occasioning actual bodily harm.
Mayers and two of his friends were detained on July 3 in connection with a street brawl on June 30 and charged with assault causing actual bodily harm.
Public prosecutor Daniel Suneson said he had begun criminal proceedings against Mayers and two others for suspected assault causing actual bodily harm, despite claims of self defence and provocation.
This Tuesday, the AP reported, Bramhall pled guilty to not one but two counts of assault by beating (he avoided a more serious charge of assault occasioning actual bodily harm).
Nairobi, Kenya (CNN)Kenyan Member of Parliament, Rashid Kassim, has been arrested after being accused of causing "actual bodily harm" to his female colleague, the Kenyan Police Directorate of Criminal Investigations (DCI) said.
All the defendants faced one joint count of causing grievous bodily harm with intent, but in the end the city's court convicted them with a lesser charge of assault occasioning actual bodily harm.
Five men and one woman were arrested "for offences including possession of offensive weapons, assault occasioning actual bodily harm, common assault and fighting in a public place" for various incidents on June 30, police said.
Damage to a biological arm would be classed as assault occasioning actual bodily harm at the least (maximum 3 years custody) and, depending on the extent of the injury […] could attract far lengthier prison terms.
Last Thursday, two protesters were found not guilty of violent disorder and actual bodily harm against police officers, which they were accused of committing during a Cardiff Uncut protest at a bank on the 2nd of May last year.
"I have today commenced criminal proceedings against the three individuals suspected of assault causing actual bodily harm, having come to the conclusion that the events in question constitute a crime despite claims of self-defence and provocation," Suneson said in an earlier statement.
"I have today commenced criminal proceedings against the three individuals suspected of assault causing actual bodily harm, having come to the conclusion that the events in question constitute a crime despite claims of self-defence and provocation," Public Prosecutor Daniel Suneson said.
Marmite just shitted all over your hilarious idea to personalise a jar of the stuff for bae and you'd fear actual bodily harm for attempting to send your significant other a Sharpie-scrawled potato on the most romantic day of the year.
A Birmingham Crown Court representative said he was charged with assault causing actual bodily harm but pleaded guilty on Wednesday to a lesser charge of assault by beating (beating here refers to the physical act of inscribing the livers, not actually beating the patients).
A$AP Rocky has just been charged with a crime after spending weeks in a Swedish jail ... prosecutors just hit him with Assault Causing Actual Bodily Harm stemming from a street brawl in the country's capital ... and if convicted he could spend 2 years behind bars.
Prosecutor Daniel Suneson filed charges against Rocky and two others "suspected of assault causing actual bodily harm, having come to the conclusion that the events in question constitute a crime and despite claims of self-defense and provocation," adding that a bottle was used to hit the alleged 85033-year-old victim.
The offence is created by section 24(1) of the Crimes Act 1900. Assault occasioning actual bodily harm.
In July 2019, Barton was charged with causing actual bodily harm and bailed until 9 October 2019. He pleaded not guilty. Two days later he won the Manager of the Month award. On 6 November 2019, Barton appeared at Sheffield Crown Court, pleading not guilty to a charge of assault occasioning actual bodily harm.
Only the seriousness of the injury separates an assault from an assault occasioning actual bodily harm. The concept of "actual bodily harm" is wide. Almost all injuries are included - for example, bruising or skin abrasions. Injuries are not included if they are "transient or trifling",Donovan [1934] 2 KB 498 CCA but this did not cover even momentary unconsciousness.
There was medical evidence of a resultant clinical state of depression and anxiety. The Crown said that Constanza's actions had occasioned actual bodily harm.
The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). Assault occasioning actual bodily harm.
The Eisenbahn- Unfalluntersuchungsstelle des Bundes is responsible for investigating railway accidents in Germany. The tractor driver may face charges of negligent homicide and causing actual bodily harm by negligence.
The Court of Appeal quashed the conviction by substituting one under less severe s47 of the Act: Assault occasioning actual bodily harm (common assault occasioning actual bodily harm). It determined, on conflicting authorities, it had the power to do so for these particular, similar offences. Convicted Savage accepted minor battery with the beer but as to the substantive injury caused she appealed for acquittal or for a retrial to the highest court.
In 2015, Meehan was stood down by the Roosters after being charged with robbery in company and assault occasioning actual bodily harm. He was sacked by the club in July 2015.
Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below).
In England and Wales, section 29(1)(b) of the Crime and Disorder Act 1998 (c.37) creates the distinct offence of racially or religiously aggravated assault occasioning actual bodily harm.
DPP v. Majewski 1977 AC 433, where M was drunk and drugged and attacked people in a pub. He had no defense to assault occasioning actual bodily harm. In R v.
12) (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).
The defendant (Ireland) was said to have made calls to three separate women, remaining silent and breathing heavily. The defendant was prosecuted under the Offences Against The Person Act (OPA) for assault occasioning actual bodily harm (S47).
In December 2012 Payne was sent to prison for twelve months following a conviction for actual bodily harm and common assault following an incident in Guildford town centre in May 2012; upon conviction Aldershot terminated Payne's contract.
In 2012 Owen was given a 12 months suspended sentence and ordered to complete 200 hours of community service for affray and actual bodily harm. The charges related to his role in a brawl outside a Pontefract nightclub the previous year. The court heard Owen punched a man dressed as Santa Claus who was rendered unconscious and sustained a fractured jaw as a result. Owen was remanded in custody between December 2016 and January 2017 on suspicion of three counts of sexual assault, actual bodily harm and theft.
Lead singer Frankie McLaughlin was sentenced for three domestic violence offences in 2012: an assault occasioning actual bodily harm committed on 2 March 2010; a further assault occasioning actual bodily harm committed on 18 August 2010; and a common assault committed on 26 September 2010, of which the band addressed publicly through their Facebook page at the time. Due to a belated public backlash The Rumjacks also released another statement in 2016 He was removed from the band in April 2020 due to bad behaviour and acts of violence towards band members and support crew.
R v Ireland (1997) was a defining case in English Law where it was found that silence can amount to assault and furthermore actual bodily harm in the form of psychiatric injury under the Offences Against the Person Act 1861.
So much of this section as related to any indecent assault, or any assault occasioning actual bodily harm, or any attempt to have carnal knowledge of a girl under twelve years of age, was repealed by 24 & 25 Vict c 95.
John McGee (nicknamed "Pigeon Man" and "Big John") was jailed in 2019 for two years and eight months. He was convicted of "actual bodily harm" and of misconduct. He submitted an appeal against these convictions. He was acquitted of sexual offences.
Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". R v Donovan [1934] 2 KB 498; (1934) 5 New Zealand Police Law Reports 247.
House of Commons: Criminal Justice And Immigration Bill Another contrasting case was that of Stephen Lock in 2013, who was cleared of actual bodily harm on the grounds that the woman consented. In this case, the act was deemed to be sexual.
On 14 February 2017 the seven defendants were found guilty of assault occasioning actual bodily harm. Chan was also convicted of common assault for slapping Tsang at the police station. The officers evaded the more serious original charge because the court decided that Tsang's injuries amounted to actual bodily harm, but not "grievous bodily harm". In delivering the ruling, the judge stated that "the defendants have not only brought dishonor to the Hong Kong Police Force, they have also damaged Hong Kong's reputation in the international community," and stated that "every police officer has a duty to prevent the commission of a crime, even by fellow police officers".
Section 20 of the Offences against the Person Act 1861 criminalises "whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument". The maximum penalty, five years, is the same as that for actual bodily harm, but a section 20 offence is considered more serious by the courts and the Crown Prosecution Service.Simester et al. (2010). p. 438. A judge is free on the facts of the case to allow a jury find a defendant guilty of assault occasioning actual bodily harm where a defendant is charged with a section 20 offence.
Two days later, Wharepapa was shot in the groin in the Perth suburb of Swan View. Gypsy Joker Paul Hugo and Gods Garbage member Ronald Scott were arrested and charged with assault occasioning actual bodily harm. It was enough to force the Mongrel Mob to leave Perth.
The principles laid down have been applied or nuanced (distinguished) in consensual crime precedents. See R v Brown for a selection of scenarios in which the prohibition of actual bodily harm applies and where, for example in running the risk of ABH in less risky sports, it does not.
All charges pertaining to her sexual abuse were dropped, and the Wests agreed to plead guilty to the reduced charges of indecent assault and causing actual bodily harm; each was fined £50, and the couple were allowed to walk free. When Owens heard this news, she attempted suicide.
On 20 December 2010, Azad did not attend court when the prosecution accepted her brother's guilty plea to assault occasioning actual bodily harm and a judge ruled both men were not guilty of threatening to kill Azad. On 21 January 2011, Azad's brother was imprisoned for six months.
Assault occasioning actual bodily harm carries a maximum sentence of 5 years under section 47 of the Offences against the Person Act 1861. It is triable either way.Smith (2002). p. 436. Both assault (fear of violence) and battery (infliction of violence) are included,Simester et al. (2010). p. 436.
In Queen's Printer copies of this Act, the marginal notes to this section read "assault occasioning bodily harm" and "common assault". This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences against the Person Act 1997. Assault occasioning actual bodily harm In England and Wales, and in Northern Ireland, this section creates the offence of assault occasioning actual bodily harm and provides the penalty to which a person is liable on conviction of that offence on indictment. In the Republic of Ireland this offence has been replaced by the offence of assault causing harm under section 3 of the Non-Fatal Offences against the Person Act 1997.
Section 29(1)(a) creates the distinct offence of racially or religiously aggravated wounding or infliction of bodily harm. A person is guilty of this offence if he commits an offence under section 20 of the Offences Against the Person Act 1861 (see grievous bodily harm) which is racially or religiously aggravated within the meaning of section 28. Section 29(1)(b) creates the distinct offence of racially or religiously aggravated assault occasioning actual bodily harm. A person is guilty of this offence if he or she commits an offence under section 47 of the Offences against the Person Act 1861 (see assault occasioning actual bodily harm) which is racially or religiously aggravated within the meaning of section 28.
This includes assault occasioning actual bodily harm, where the victim suffers injuries such as bruising or skin abrasions (the converse being an injury that is "transient and trifling"); wounding (a piercing of all layers of the skin); and causing grievous bodily harm (injuries more serious than in actual bodily harm, for example broken bones). The latter two offences may be committed "with intent", meaning there is an additional mens rea component that makes the defendant more culpable for their actions. Whilst recklessness is sufficient for most offences against the person - that the defendant foresaw the risk of the proscribed injury occurring without necessarily intending it to happen - this is insufficient for crimes of intent.
Three male youths entered and wreaked havoc by wielding machetes. Clients fled in terror. A copycat crime wave ensued occasioning serious assaults occasioning actual bodily harm and violent deaths. Tcharmil although begun in Casablanca, it quickly spread to Fes, Meknes, Agadir, Rabat, Temara Marrakesh and is appearing in other Moroccan cities.
He had previously been charged with similar offences after an incident at the end of 2010 season, with those charges being dismissed in April. He pleaded guilty to assault occasioning actual bodily harm on his former partner and was placed on a two-year good behaviour bond and fined $2000.
Later in 1988, he was convicted of indecent assault and assault occasioning actual bodily harm. In 1989, he was convicted of indecent exposure and sentenced to 80 hours' community service. In 1990, he was convicted of assaulting a police officer. Dixie lived in Australia from 1993 and overstayed his visa.
Mere fright or anxiety is insufficient for actual bodily harm. It is limited only by the need for an actual assault or battery to have taken place. There is no separate mens rea element from the assault or battery, making this a crime of constructive liability.Simester et al. (2010). p. 437.
The incident received much press coverage at the time in both German states. In 2005 he was arrested by German police for attempted murder. On 8 January 2005 he allegedly shot and seriously injured a 43-year-old acquaintance. Later he was sentenced to two-and-a-half years for actual bodily harm.
Smith (Michael Ross),DPP v. Smith (Michael Ross) [2006] EWHC 94 (Admin), [2006] 2 Cr App R. 2, DC Judge P. said: Glanville Williams said that actual bodily harm is a silly expression because it suggests that there is some form of bodily harm that is not actual.Glanville Williams. Textbook of Criminal Law.
The case of DPP v Santana-Bermudez examined a similar principle, in which the defendant was convicted of assault occasioning actual bodily harm under the Offences against the Person Act 1861 as a result of omitting to inform a police officer when questioned, that he had on his pocket a sharp object (needle).
Chan-Fook [1994] 2 All ER at 557D Hobhouse LJ. said of the expression "actual bodily harm", in contending that it should be given its ordinary meaning: He went on to say: R v Chan-Fook also followed the case of R v Metharam,R v Metharam 45 Cr App R 304 in which Ashworth J had said: In R v. Morris (Clarence Barrington),R v. Morris (Clarence Barrington) [1998] Cr. App. R. 386 at 393 Potter LJ., in delivering the judgement of the Court of Appeal said (the citations that he quotes from the textbook are omitted): > What constitutes "actual bodily harm" for the purposes of section 47 of the > 1861 Act is succinctly and accurately set out in Archbold (1997 ed.) at para > 19-197: "Bodily harm has it ordinary meaning and includes any hurt (our > emphasis) or injury calculated to interfere with the health or comfort of > the victim: such hurt or injury need not be permanent, but must be more than > merely transient or trifling ... Actual bodily harm is capable of including > psychiatric injury but it does not include mere emotion, such as fear, > distress or panic ..." In DPP v.
In October 2006, Ferdinand was arrested on assault charges following a fracas outside a nightclub in Ilford. He was charged in November 2006. He appeared at Snaresbrook Crown Court on 12 November 2007 charged with assault occasioning actual bodily harm and affray, arising from this incident. It was alleged that Ferdinand had punched Emile Walker.
After complaints by Jackson and his entourage, Cocker spent the night in Kensington Police Station charged with actual bodily harm and assaulting the child performers. However, with British comedian and former solicitor Bob Mortimer acting as legal representation, he was released without charge."The Highs and Lows of the Brit Awards". BBC News. Retrieved on 31 March 2009.
Satchwell's five-year relationship with actor Matthew Newton ended in 2006. Newton was charged with four offences including common assault, intimidation and assault occasioning actual bodily harm against Satchwell. Three of the charges were withdrawn by prosecutors, Newton pleading guilty on the remaining charge of common assault. Satchwell was engaged to film editor David Gross from 2012 until 2019.
Scotland is married to wife Alisha. They have two sons, Tyler and Riley. During January 2012, Scotland was involved in a brawl at the Mulwala Ski Club near Yarrawonga, which left one man unconscious. In April 2012, he was formally charged with common assault, assault occasioning actual bodily harm and violent disorder relating to the incident.
13) makes provision for assault causing injury, and section 1(2)(b) makes provision for assault occasioning actual bodily harm, on UN staff. ;Assault by person committing an offence under the Night Poaching Act 1828: This offence is created by section 2 of the Night Poaching Act 1828. Abolished offences: ;Assault on customs and excise officers, etc.
Assault causing bodily harm is a statutory offence of assault in Canada with aggravating factors. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant.Criminal Code, RSC 1985, c C-46, s 267(b) . It is the Canadian equivalent to the statutory offence in England and Wales of assault occasioning actual bodily harm.
Although initially too ashamed to divulge to her mother what had happened, when her mother noted the welts, bruises and exposed subcutaneous tissues on her daughter's body, Owens burst into tears and confided what had happened. Owens' mother immediately reported her daughter's ordeal to the police, and the Wests were arrested and charged with assault, indecent assault, actual bodily harm, and rape. The case was tried at Gloucester Magistrates Court on 12 January 1973, but by this date, Owens had decided she could not face the ordeal of testifying in court. All charges pertaining to her sexual abuse were dropped, and the Wests agreed to plead guilty to the reduced charges of indecent assault and causing actual bodily harm; each was fined £50, and the couple were allowed to walk free from court.
During an investigation led by the Obscene Publications Squad of the Metropolitan Police, several video tapes of homosexual, sado-masochistic sexual encounters were obtained by the police. These encounters involved the applicants and possibly as many as forty-four other men. On the basis of their violent sadomasochistic actions, the men were convicted for assault occasioning actual bodily harm. In R v.
When she was 22, Azad's father and brother attacked her because of her relationship with a Hindu boy. On 29 June 2010, Azad's father, Abdul Azad, and brother, Ashraf Azad, appeared in Manchester Magistrates' Court, charged with threatening to kill her. They were released on bail. Azad's brother was charged with "assault occasioning actual bodily harm", whilst Azad stayed with friends in London.
In October 1989, Alan's trial started. He pleaded guilty to deception and actual bodily harm in a bid to avoid going to prison. This worked successfully as Alan was given two years in prison, but walked free as he had already served enough time in prison on remand without bail. Rita was horrified by the verdict and became convinced Alan was going to take revenge on her.
On 4 November 2008, Jim was arrested by the Hong Kong police on suspicion of assault at the Hong Kong – Macau Ferry Terminal. He was charged with assault occasioning actual bodily harm, inflicting grievous bodily harm and assault occasioning actual bodily harm.Kwun Tong Magistracy court no. 3 case no: KTCC8138/2008 On 26 May 2009, he was found guilty by the Kwun Tong Magistracy.
Legal systems generally acknowledge that assaults can vary greatly in severity. In the United States, an assault can be charged as either a misdemeanor or a felony. In England and Wales and Australia, it can be charged as either common assault, assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault.
In December 2010 Hopoate was charged with assault occasioning actual bodily harm and affray following an incident at the Trademark Hotel in Kings Cross where he worked. Hopoate was employed as a Responsible Service of Alcohol marshall and not for security. In August 2013 Hopoate pleaded guilty to intimidating a parking officer outside the Trademark Hotel in June 2013. He was fined $400 over the incident.
Jones was convicted in June 1998 of assault occasioning actual bodily harm and criminal damage against a neighbour in November 1997.Vinnie Jones guilty of assault, bbc.co.uk, 2 June 1998. Jones was convicted in December 2003 of assault and threatening behaviour on an aircraft for an air rage incident, during which he slapped a passenger in the face and threatened to murder the cabin crew while drunk on an aircraft.
They are reported to the police by Zack and is arrested and charged with actual bodily harm. Kyle later blackmails Harry into stealing exam paper answers for him. When Harry is late for giving the papers to him, Kyle sends his girlfriend, Cleo McQueen (Nadine Rose Mulkerrin), footage of Harry in a gay bar and reveals his homosexuality. Cleo is infuriated and believes that Harry has betrayed her.
Cary told The Guardian that the push had caused a haemorrhage to Tomlinson's abdomen, and the haemorrhage caused him to collapse. Cary said Tomlinson was vulnerable to this because he had liver disease. The CPS had erred in dismissing a charge of actual bodily harm (ABH), in his view. In a letter to Tomlinson's family, the CPS described Tomlinson's injuries as "relatively minor" and therefore insufficient to support such a charge.
This leads to the situation that, while Great Britain and especially London are world centers of the closely related fetish scene, there are only very private events for the BDSM scene which are in no way comparable to the German "Play party" scene. Operation Spanner was the name of an operation carried out by police in the United Kingdom city of Manchester in 1987, as a result of which a group of homosexual men were convicted of assault occasioning actual bodily harm for their involvement in consensual sadomasochism over a ten-year period. The resulting House of Lords case (R v Brown, colloquially known as "the Spanner case") ruled that consent was not a valid legal defence for wounding and actual bodily harm in the UK, except as a foreseeable incident of a lawful activity in which the person injured was participating, e.g. surgery. Following Operation Spanner the European Court of Human Rights ruled in January 1999 in Laskey, Jaggard and Brown v.
Philpott wanted Kehoe to produce more children, but she did not conceive again. In 1991, he was given a two-year conditional discharge for assault occasioning actual bodily harm after headbutting a colleague. In 2000, Philpott met Mairead Duffy, a 19-year-old single mother born in England to an Irish family, who had left a previous volatile relationship. Duffy moved into Philpott's house shortly after, and the couple married in May 2003.
His label is also available in selected department stores in Australia and international department stores including Myer. On 20 June 2008 Cooper was charged by police with assaulting his wife, Sarah Marsh. On 31 October 2008 Cooper pleaded guilty to common assault and was placed on a two-year good behaviour bond after charges of assault occasioning actual bodily harm and intimidation were dropped. Cooper assaulted his wife days after she had cancer surgery.
On the same day, Mehajer was also accused of deliberately shutting a car door on a Seven News reporter's hand, and was subsequently charged with assault occasioning actual bodily harm. On 23 February 2018 he was found guilty due to the reckless nature of closing the door without looking, however the judge recorded a conviction without imposing any other penalty due to the "appalling and predatory behaviour" of the media pack who pursued him.
In May 2016 Tsang was found guilty of three counts of assaulting police and resisting arrest, and was sentenced to five weeks in jail. Principal Magistrate Peter Law noted that Tsang did not intend to hurt the police, but stated that it was a serious crime and Tsang showed no remorse. The seven police officers were also found guilty of assault occasioning actual bodily harm on Tsang and were sentenced to two years imprisonment.
Amateur Boxing Club, Wales 1963 The English case of R v. Coney in 1882 found that a bare-knuckle fight was an assault occasioning actual bodily harm, despite the consent of the participants. This marked the end of widespread public bare-knuckle contests in England. The first world heavyweight champion under the Queensberry Rules was "Gentleman Jim" Corbett, who defeated John L. Sullivan in 1892 at the Pelican Athletic Club in New Orleans.
After retiring from rugby league, Halliday became a senior constable in the NSW Police force. In 2014, Halliday was charged with assault occasioning actual bodily harm in relation to a high speed chase which ended in Halliday kicking one of the assailants who was a teenager in the face breaking his nose. On April 15 2015, Halliday was cleared of assault as the magistrate dismissed the charges stating that Halliday's action was lawful.
Their barrister, Lord Gifford QC, stated "It left a very sour taste in the mouth." In court, individual police officers were difficult to identify, as they had hidden their identification numbers on the day. Despite this, one police sergeant was convicted of an assault occasioning actual bodily harm on a member of the Convoy. Police radio and video was used as evidence during the court case, however there was a recording gap in both the radio and video recordings.
Birmingham experimented with Foxall at inside forward with little success, and he soon returned to the wing, but after a year with the club he moved on again, this time to Shrewsbury Town. On 12 November 1908, he was convicted of assault causing actual bodily harm for "maliciously assaulting" a man from Sheffield two months prior. He was fined £20 (). West Yorkshire, England, Prison Records, 1801-1914 He was married to Selena (or Selina) Green in 1903.
She said she wanted to stop Lawson making any further approaches to the agency and that was why she threatened Lawson with a rape allegation. The prosecutions case rested on Lawson's credibility. He agreed with Cannon's defence barrister, Hind that he had several previous convictions, including dishonesty, forgery and actual bodily harm. Lawson accused the defence counsel, Hind, of trying to blacken his character and repeatedly insisted that he had not been in any trouble for 12 years.
A resulting House of Lords judgement, R v Brown, ruled that consent was not a valid legal defence for actual bodily harm in Britain. The case sparked a national conversation about the limits of consent and the role of government in sexual encounters between consenting adults. It also spawned two activist organisations dedicated to promoting the rights of sadomasochists: Countdown on Spanner and The Sexual Freedom Coalition and an annual SM Pride March through Central London.
Blake's co-defendant, Sproule, pleaded guilty to assault occasioning actual bodily harm. Blake denied the charges, and also pleaded not guilty to a charge of attempting to pervert the course of justice by throwing the alleged weapon - a long patio umbrella pole - into a nearby garden centre. The court was told that Blake hit the teenager in the face with the pole. The jury retired on 31 July 2009 before giving their verdict on 3 August 2009.
On 2 April 2017 Mehajer allegedly assaulted a taxi driver outside the Star Casino in Sydney, by throwing an EFTPOS machine at the taxi driver's face. He also allegedly took the driver's mobile phone and threw it out of the car. Mehajer took a plea deal and pled guilty to assault occasioning actual bodily harm, and destroying or damaging property. Mehajer was ordered to pay compensation of just over $600 and enter into a three-year good behaviour bond.
Both had been discussing the option of a contract extension. The following day, on 2 July, Bolton announced the signing of Crystal Palace left-back Dean Moxey, with whom Freedman had previously worked during his time with the Eagles. Two days later, striker Marvin Sordell left Bolton to join near neighbours Burnley in the Premier League, rejoining his former manager at Watford, Sean Dyche. Defender Alex Baptiste, recently arrested on suspicion of actual bodily harm, was loaned to Blackburn Rovers on 11 July.
The trial of six men accused of involvement in Leneghan's murder began at Reading Crown Court on 13 January 2006. The six men were gang members primarily from Wandsworth; Thomas and the Morally brothers are cousins. The charges against all six men were murder, attempted murder, multiple counts of rape, two counts of kidnapping, and assault occasioning actual bodily harm. In giving his evidence at the murder trial, Jamaile Morally implied that neither he, his brother, nor Krasniqi went to the park.
In April 2005 at Luton Crown Court, Robinson was convicted of assault occasioning actual bodily harm and assault with intent to resist arrest against an off-duty police officer in July 2004. The officer had intervened in an argument in the street between Robinson and his then girlfriend, Jenna Vowles. In the struggle that followed, Robinson kicked the officer in the head as he laid on the ground. Robinson received sentences of 12 months and 3 months, which were served concurrently.
Dozens of travellers were injured, 537 travellers were eventually arrested. This represents one of the largest mass arrest of civilians since at least the Second World War, possibly one of the biggest in English legal history. Two years after the event, a Wiltshire police sergeant was found guilty of Actual Bodily Harm as a consequence of injuries incurred by a member of the convoy during the Battle of the Beanfield.Hippies clash with police at Stonehenge (1985), BBC News archive Accessed 22 January 2008.
He led what was described as a "chaotic and violent" lifestyle and had spent periods in prison. In one incident in 1996, Richards attacked an off-duty police officer and another man in Cardiff city centre. Both men were badly injured with one suffering a skull fracture, and Richards was sentenced to 27 months imprisonment for grievous bodily harm. In another incident, Richards was imprisoned for 18 months for actual bodily harm following an attack on his wife in 2004.
The story continued to be explored until show bosses decided to conclude the storyline. After attacking Jane with a hockey stick, Bobby admits it was him because he didn't want to leave his old school, he is arrested by the police for Assault occasioning in Actual Bodily Harm against Jane. As Bobby is being interviewed by the police, he admits he killed Lucy, and the police go into further investigations against him. Bobby is then charged with her murder and Jane's attack.
On 1 July 2008, he was also given a four-month suspended sentence after admitting assault occasioning actual bodily harm on former teammate Ousmane Dabo during a training-ground dispute on 1 May 2007. This incident effectively ended his Manchester City career. Barton has been charged with violent conduct three times by The Football Association: for the assault on Dabo, for punching Morten Gamst Pedersen in the stomach and for attacking three players on the final day of the 2011–12 season.
In an interview with Liverpool Football Club, he stated that if he wasn't a footballer he would have been a physio. On 12 September 2010, he was jailed for four months over a drunken attack on a taxi driver which had taken place on 9 August 2009 in Watford, Hertfordshire. He was tried for racially aggravated assault occasioning actual bodily harm but a jury acquitted him of that charge, but found him guilty of an alternative charge of assaulting the taxi driver.
Guscott is married to Saz, with whom he owns a cosmetics business. He has 3 daughters, Imogen, Holly and Saskia, from his previous marriage to Jayne (1991-2001). In 1999, he was accused of assaulting a pedestrian shop keeper during a road rage incident in which the man's ankle was shattered, but was cleared of actual bodily harm by Bristol Crown Court. In 2000 he spent the night in a police cell after being arrested for being drunk and incapable.
Bodily harm is defined as any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.Criminal Code, RSC 1985, c C-46, s 2 "bodily harm". This definition is similar (if it is not word for word) to the common law definition of actual bodily harm stated in R v. DonovanR v Donovan, [1934] 2 KB 498 at p 509 (also 25 Cr. App. Rep.
British law does not recognize the possibility of consenting to actual bodily harm. Such acts are illegal, even between consenting adults, and these laws are enforced (R v Brown being the leading case). R v Brown dismissed the defence of consent, meaning that the men charged of sexual offences could not defend their actions. It has been pointed out that people can consent to activities such as boxing and body piercing, which also result in pain, but apparently cannot consent to BDSM.
McCann was dating former businessman and scaffolder Arthur Collins when in April 2017 he was arrested and charged in connection with a nightclub acid attack in London. Two days later, McCann announced her pregnancy and also stated her plans to raise the baby as a single parent. On Thursday 2 November 2017, she gave birth to a girl, Sunday Skye. On 13 November 2017, Collins was found guilty of five counts of grievous bodily harm and nine of actual bodily harm at Wood Green Crown Court.
On 28 October 2009, Davenport was charged with assault on his sister, Cara Davenport, in an incident prior to that in which he was stabbed. On 10 November 2009, Davenport appeared before Bedford magistrates court charged with assault occasioning actual bodily harm. He pleaded not guilty and was bailed on the condition that he has no contact with his sister. During a hearing in December 2009, the case was committed to Luton Crown Court with the plea and directions hearing due on 25 January 2010.
Stone was born as Michael John Goodban in Tunbridge Wells in 1960, as one of five children. He had a turbulent childhood, suffering domestic violence in his family home before he was placed into a care home, where he was abused. Stone's police record dates back to the age of 12 and continued into adulthood. Once leaving the care system, Stone began using heroin and he served three prison sentences in the 1980s and 1990s for robbery, burglary, grievous bodily harm and assault occasioning actual bodily harm.
The defendant was charged with assault occasioning actual bodily harm (ABH) and was found guilty at Horseferry Road Magistrates' Court. He appealed this conviction to Middlesex Crown Court, which heard the appeal in December 2001. Following the prosecution's evidence being given, the defendant's counsel submitted that the defendant had committed no positive act that resulted in ABH, that omission did not amount to an assault, and on that basis, there was no case to answer. The panel agreed, allowing the appeal, and quashed the conviction.
Christopher Onslow (nicknamed "The Machine") was jailed in 2019 for eight-and-a-half-years for "grievous bodily harm" (GBH), wounding to inflict GBH, "misconduct in public office" (two counts, both relating to physical abuse) and "actual bodily harm" (three counts). He submitted an appeal against this conviction. One victim, David Alan Brown, said "it should have been 18 and a half years for Onslow". His conviction for grievous bodily harm was for knocking an inmate from a height of 20 feet, breaking his back.
In addition to his rugby league career, Ryan was also a longtime physical education teacher at Belmore Boys High School in Sydney's southwest. In April 2006, Ryan's son Matthew died of heart failure at age 24 following an overdose of the party drug, gamma hydroxybutyrate (GHB). On 11 November 2016, Ryan was charged with assault occasioning actual bodily harm after an altercation at Pagewood Hotel. Ryan had allegedly assaulted the 75-year-old man over an argument regarding the outcome of the 2016 United States presidential election.
On 19 June 2020 it was announced that despite solid ratings, The Daily Edition would be canceled due to ongoing economic pressures at the Seven Network. Prior to the final episode going to air on 26 June 2020, Ryan Phelan was charged with assault occasioning actual bodily harm and common assault following a complaint made to police by his girlfriend. He was subsequently sacked by the Seven Network on 22 June 2020. Original co-host Tom Williams returned to co-present the final three episodes with Obermeder.
Hicks joined the Young Communist League in 1953 and later the Communist Party of Great Britain. He worked as a printer and was a member of the Society of Graphical and Allied Trades (SOGAT). A full-time branch official for the union in 1986, Hicks was arrested and convicted of actual bodily harm during the Wapping dispute. His conviction and sentencing – to 12 months in prison – were controversial, with the national executive committee of the Labour Party voting unanimously to call for his release.
Martindale is known for her practice and advocacy of corporal punishment, with a related 1991 conviction for actual bodily harm. This led to criticism from some Aristasians, who felt that in the public eye she was associating the movement too much with its minor disciplinary aspect. Some non-Aristasians have characterized Aristasia as an "S/M fantasy group" as a result of this. However, Martindale's recorded statements and interviews made clear her dislike of S/M, and her belief in discipline as spiritual and purifying.
As he was taken into custody, Alan believed that Jenny shopped him to the police and disowned her. He then learned nobody had reported him to the Police, and Jenny's Police guard was stood-down. Alan was charged with deception and actual bodily harm and spent six months on remand. When Jenny later visited her father in prison, he asked her to beg Rita to play down what had happened; however, Jenny refused when she realised that her father was only thinking about himself and ignored his wishes.
It was reported that around 600 people had turned up to protest against Griffin. Due to the various protests, Television Centre and other BBC buildings around the country were 'locked down' until the protesters had dispersed. People arriving for recordings of other shows at Television Centre, such as Friday Night with Jonathan Ross, were turned away. Six people were arrested during the protests, reportedly for "offences including violent disorder, causing actual bodily harm, assault of a police officer and a person wanted on warrant"; three police officers were slightly injured.
On 29 November 2013, Packer appeared before court in Sydney, New South Wales, charged with assaulting a 22-year-old man, fracturing his eye socket. Packer punched the man in the face, causing him to fall and hit his head on the ground. Packer then punched the man several times as he lay on the ground and stomped on his head, leaving the victim with two fractured facial bones. On 6 January 2014, Packer was sentenced to two years in jail after pleading guilty to assault occasioning actual bodily harm.
The Act deemed common assault an arrestable offence.The Domestic Violence, Crime and Victims Act 2004, section 10 The practical effect of this change was that the police could arrest a suspect at the scene without a warrant, rather than potentially be compelled to leave the suspected assailant with his or her alleged victim. Previously the police would have to allege assault occasioning actual bodily harm, which was arrestable, in order to detain the suspected assailant in borderline cases. However, the concept of "arrestable offence" was abolished on 1 January 2006.
She passed her open water certification in Malta, and an advanced scuba diving course in Borneo. In addition to another conviction for assaulting a police constable in 2001 and a caution for assault occasioning actual bodily harm in 2005; Glover was, in December 2009, found guilty of physically attacking DJ Maxine Hardcastle in the Oceana Club in Brighton. After accusing Glover of showing "complete absence of any sign of remorse" and having perpetrated a "vicious and unprovoked attack," the judge sentenced her to a 30-week suspended prison term for two years and community service.
In 2008 Ebanks-Blake was charged with causing actual bodily harm to a doorman in an incident at a Plymouth nightclub on 11 November 2007 while a Plymouth Argyle player. He was subsequently fined £1,350 with £650 costs and £500 compensation by Plymouth Crown Court on 4 July 2008, after admitting to having attacked the doorman with his girlfriend's handbag causing a three-inch cut to his head. In March 2013 he was arrested and questioned by police in Birmingham on suspicion of witness intimidation but released without charge.
It was held that section 47 did not require proof of recklessness in relation to the "occasioning". The throwing of the beer was an assault, and that "assault" had occasioned the actual bodily harm which occurred in the continuing struggle. Parmenter injured his baby by tossing him about too roughly. Even though the baby was too young to apprehend the physical contact, there was voluntary contact that caused injury, so Parmenter was liable under section 47 because the injury resulted from his intention to play with his son.
As much of the action took place in a field containing a bean crop, the events became known as the Battle of the Beanfield. A sergeant in the Wiltshire Police was subsequently found guilty of having caused actual bodily harm to a traveller. Members of the convoy sued Wiltshire Police for wrongful arrest, assault and criminal damage as a result of the damage to themselves and their property. The Earl of Cardigan (David Brudenell-Bruce, Earl of Cardigan), who had witnessed the events, gave evidence against the police.
The Court of Appeal reviewed R v Quick, which had dealt with an allegation of assault occasioning actual bodily harm not requiring proof of specific intent. That decision suggested that even if the hypoglycaemia was induced by some action or inaction by the accused, his defence will not necessarily fail. However, the judge in Bailey's trial had not directed the jury to consider that situation. The court also pointed out that self-induced incapacity, as in Bailey's case, may be evidence of recklessness sufficient to attach guilt for crimes of basic intent.
Stephens then held him down and punched him six or seven times, inflicting dental injuries and damaging his helmet. In 2017, at Maidstone Crown Court, Judge Martin Joy sentenced Stephens to 12 months in jail, suspended for two years, for causing actual bodily harm, and to two months, also suspended for two years, for criminal damage. Stephens, a resident of the High Street, Edenbridge, Kent, was ordered to undergo rehabilitation, perform 150 hours of unpaid work, pay compensation of £1,000 to each victim, and an extra £120 to Mr Manley for his damaged helmet.
The defence of consent is often only available to smaller offences, such as Common Assault and, possibly, Actual bodily harm (S.47). The Attorney General's Reference [No. 6 of 1980] set s47 as a watershed, above which consent is unlikely to function as a defence as it is not reasonable to foresee that a person would consent to having serious harm done to them. However, cases are decided on an individual basis, and case law shows that a victim may effectively consent to even grievous bodily harm (e.g.
On 3 April 2019, Thompson was sentenced to a 40-month custodial sentence along with a ten-year restraining order for domestic violence. He pleaded guilty to damaging property, assault occasioning actual bodily harm and inflicting grievous bodily harm to the victim over a three-day period when he appeared at Nottingham Crown Court. In February 2020, a month after his release, Thompson was sent back to prison after posting a number of inappropriate tweets in relation to his conviction and because he spoke about the case to The Sun.
Manslaughter, rape, sexual assault, maliciously wounding or inflicting grievous bodily harm, kidnapping and false imprisonment, assault occasioning actual bodily harm and common assault have all been judged crimes of basic intent. The court in Majewski refers to intoxication as a defence. If this were the case, in crimes of basic intent where it does not provide a defence, the counsel for the defendant could not argue that the defendant did not have the required mens rea because of intoxication. Accordingly, the mens rea become irrelevant and the Crown need not show it, thereby aiding the prosecution considerably.
Father Niall Molloy (14 April 1933 – 8 July 1985) was a Catholic priest who was killed in mysterious circumstances in Kilcoursey House in Clara, County Offaly, the home of Richard and Therese Flynn. When the Garda Síochána arrived, they found that there were signs of violence in the Flynn's bedroom and that there was a large bloodstain on the carpet. The priest died the day after the wedding of the Flynns' daughter Maureen. Richard Flynn was charged with manslaughter and with actual bodily harm, but the judge at his trial, a family friend, directed the jury to give a not guilty verdict.
Hill made his first steps in the far right in the latter 1960s with a local group called the Anti- Immigration Society (AIMS), promptly switching to the larger Racial Preservation Society to which AIMS was closely linked. From here he met Colin Jordan and soon became a member of the British Movement, being appointed Organiser for Leicester in 1968 as well as Jordan's election agent for his campaign in the 1969 Birmingham Ladywood by-election. Although his wife largely tolerated his political involvement, Hill's arrest for actual bodily harm in late 1969 led to his disengagement and the couple deciding to emigrate.
The common law recognises that every person's body is "inviolate". Interference will constitute the offence of common assault and the tort of battery. Under the criminal law, an individual cannot consent to actual bodily harm and the House of Lords held in R v Brown that acts of sado- masochism committed in private between consenting adults did not give the author of the harm a valid defence in respect of his acts. The Children Act 2004 removed the defence of reasonable chastissement in respect of acts committed against children and corporal punishment in schools was outlawed in the Education Act 1996.
Father Niall Molloy (14 April 1933 - 8 July 1985) was a Catholic priest who was killed in mysterious circumstances in Kilcoursey House in Clara, County Offaly, the home of Richard and Therese Flynn. When the Garda Síochána arrived, they found that there were signs of violence in the Flynn's bedroom and that there was a large bloodstain on the carpet. The priest died the day after the wedding of the Flynns' daughter Maureen. Flynn was charged with manslaughter and with actual bodily harm, but the judge at his trial, a family friend, directed the jury to give a 'not guilty' verdict.
In 1987, Alan Oversby was one of 16 men charged as a part of Operation Spanner, a series of raids that resulted in the arrest of men who were all engaged in consensual homosexual BDSM activities. Alan, like the other men, was charged with assault occasioning actual bodily harm for performing a genital piercing on a client. He was also charged with using anaesthetic without a licence and for sending obscene material through the post (photographs of piercings). As the judge was not willing to take the consensuality of the participants into account, Alan pleaded guilty along with the other 15 men.
In addition to being found responsible for the murder of Stuart by the 1961 coroner's court, Shotton was convicted of bigamy in 1920 and in 1938 was sentenced to 12 months in jail for assault occasioning actual bodily harm on a woman and possessing a firearm. (Criminal Records Office (CRO) file No.17923/20) After he was released from prison in 1922, Shotton moved to Tintern where he ran a smallholding. The South Wales Echo reported that villagers remembered him "practically running the tennis club". He was remembered in the village as "a charming chap, a real dandy".
Dakota Abberton (born in Maroubra, New South Wales), an Australian surfer, is a member of the Australian surf gang, the Bra Boys. Together with his brothers, Koby, Jai, and Sunny, Dakota Abberton achieved national and international attention in 2007 with the release of a feature-length documentary entitled Bra Boys: Blood is Thicker than Water, that was written and directed by the Bra Boys. In March 2011 Abberton was arrested and charged with aggravated robbery, affray, destruction of property, two counts of assault occasioning actual bodily harm and drugs charges following the assault and robbery of a woman.
In June 2008 Pamela Somerville was arrested near Melksham after being found asleep in her car, for failing to provide a specimen of breath for breath alcohol analysis. The custody officer in Melksham police station, Sergeant Mark Andrews, was accused of assaulting Somerville during her detention, including dragging her through the custody suite and dropping her onto the concrete floor of a detention cell. Andrews was initially found guilty of actual bodily harm and was sentenced to six months in prison and faced dismissal from the police force. Assistant Chief Constable Patrick Geenty criticised his subordinate and apologised to Somerville.
Among the initial allegations reported in the Mail on Sunday on 12 August 2017 were that seventeen instructors from the Army Foundation College, having taken their trainees to battle camp in Kirkcudbright, had pushed cow dung into the recruits' mouths, held their heads under water, and kicked and punched them repeatedly during bayonet training. The recruits concerned were aged 17; the instructors were all corporals or sergeants, and included veterans of the Afghanistan War and Iraq War. The instructors faced 40 charges of battery, actual bodily harm and other ill- treatment. All the accused denied any wrongdoing.
The defendant, Robert Stefan Majewski, committed a series of assaults while under the influence of alcohol and drugs (220 pills of Dexedrine and 8 pills of Nembutal). He attacked the landlord and several customers at a public house; subsequently he attacked the police officer who drove him to the police station following his arrest, and a police inspector at the station. He was charged with four counts of assault occasioning actual bodily harm and three counts of assault on a constable in the execution of his duty. He tried to rely on his intoxication as a "defence" to the charges.
On 17 February 2017 the court sentenced the seven convicted officers to two years' imprisonment. Judge Dufton cited the seriousness of the crimes in rejecting the officers' plea for suspended sentences. Dufton originally stipulated a jail term of two years and six months for each officer resulting from their joint conviction for assault occasioning actual bodily harm. However, he reduced the sentence by six months after taking into account the circumstances at the time and the high stress environment that police were in handling the protests. He also considered the officers’ previously clear records and other service to the community.
The problem has always been to decide at what level the victim's consent becomes ineffective. Historically in the UK, the defense was denied when the injuries caused amounted to a maim (per Hawkins' Pleas of the Crown (8th ed.) 1824). In R v Donovan (1934) AER 207 in which Swift J. stated the general rule that: However, consent is valid in a range of circumstances, including contact sports (such as boxing or mixed martial arts), as well as tattooing and piercing. But in the context of sadomasochism, Lord Mustill in R v Brown (1993)2 All ER, page 103 has set the level just below actual bodily harm.
In 2006, Newton appeared on the New Year's Eve 2006 episode of The Big Night In with John Foreman on Network Ten in which he engaged in simulated sex acts and other suggestive activity as well as bad language. The Daily Telegraph reported his antics and the station received criticism from outraged viewers who complained the show was "sub-standard coverage" and "the worst ever". In 2006, Newton split with long-time girlfriend, actress Brooke Satchwell. Newton was arrested on 16 October and charged with intimidation and assault occasioning actual bodily harm over incidents alleged to have occurred on 13 September and 6 October.
R v Coney (1882) 8 QBD 534 is an English case in which the Court for Crown Cases Reserved found that a bare-knuckle fight was an assault occasioning actual bodily harm, despite the consent of the participants. This marked the end of widespread public bare-knuckle contests in England. The case also found that voluntary attendance as a spectator was evidence that could be put to the jury to support a charge of aiding and abetting the assault. It was found however that an ordinary citizen is not under any duty to prevent an offence being committed and that failing to prevent it does not create liability as an accomplice.
The accident being in both France and Luxembourg, judicial inquiries were opened by the authorities in both Thionville and Luxembourg. At the same time, other inquiries were started: in France, by the SNCF and the BEA-TT (, "Land Transport Accident Investigation Bureau") by the French Minister of Transport, and in Luxembourg, by the CFL and the ("Inquiry Agency for Incidents and Accidents"), in concert with the BEA-TT. On 8 October 2007, the court of the Grand Duchy of Luxembourg indicted six CFL employees on charges of manslaughter and actual bodily harm. After investigation, indictments of two board members of the CFL were dropped.
Transmission generally may fall under sections 18, 20, 23, 24 or 47 of the Offences against the Person Act 1861 (respectively grievous bodily harm (GBH) with intent or to resist arrest, GBH generally, poisoning (two sections), and actual bodily harm). As of 19 June 2006, there had been seven convictions for the sexual transmission of HIV in England and Wales under s.20 of the 1861 Act which, inter alia, criminalizes the reckless inflicting of grievous bodily harm. Of these, five were men accused of infecting female partners during sex, one was a man who pleaded guilty to infecting a male partner, and one (in Wales) was a woman.
In the early hours of 22 August 2009, Davenport and his mother were stabbed at her home in Kempston, Bedfordshire. Davenport was stabbed in the legs, lost 50% of the blood from his body and underwent emergency surgery for injuries described as serious. Two men were arrested the same day in connection with the stabbings. At Bedford Magistrates Court, on 24 August 25-year-old Worrell Whitehurst, the boyfriend of Davenport's sister, was remanded in custody charged with grievous bodily harm with intent in connection with the attack on Davenport, and with assault occasioning actual bodily harm to his mother; the second man was released on bail pending further inquiries.
OutRage! protesters picket the Old Bailey following the Spanner trial, December 1990 Operation Spanner was a police investigation into same-sex male sadomasochism across the United Kingdom in the late 1980s. The investigation, led by the Obscene Publications Squad of the Metropolitan Police, began in 1987 and ran for three years, during which approximately 100 gay and bisexual men were questioned by police. The investigation culminated in a report naming 43 individuals, of whom the Director of Public Prosecutions chose to prosecute 16 men for assault occasioning actual bodily harm, unlawful wounding and other offences related to consensual, private sadomasochistic sex sessions held in various locations between 1978 and 1987.
Later that day, Owens escaped from a launderette she and Rose had entered and returned home. Although initially too ashamed to divulge to her mother what had happened, when her mother noted the welts, bruises and exposed subcutaneous tissues on her daughter's body, Owens burst into tears and confided what had happened. Owens' mother immediately reported her daughter's ordeal to the police, and the Wests were arrested and charged with assault, indecent assault, actual bodily harm, and rape. The case was tried at Gloucester Magistrates Court on 12 January 1973, but by this date, Owens had decided she could not face the ordeal of testifying in court.
Assault occasioning actual bodily harm (often abbreviated to Assault O.A.B.H. or simply ABH) is a statutoryR v Harrow JJ. ex p. Osaseri [1986] QB 589, 81 Cr App R 306, [1985] 3 WLR 819, [1985] 3 All ER 185, [1985] Crim LR 784, DC offence of aggravated assaultRichard Card said this is a form of aggravated assault; see Card, Cross and Jones: Criminal Law, 12th ed, 1992, paragraph 10.17 at page 182. in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.
In DPP v Smith (Michael Ross), the defendant held down his former girlfriend and cut off her ponytail with kitchen scissors a few weeks before her 21st birthday. The Magistrates acquitted him on the ground that, although there was undoubtedly an assault, it had not caused actual bodily harm, since there was no bruising or bleeding, and no evidence of any psychological or psychiatric harm. The victim’s distress did not amount to bodily harm. The Divisional Court allowed an appeal by the Director of Public Prosecutions, rejecting the argument for the defendant that the hair was dead tissue above the scalp and so no harm was done.
The charges include "two counts of domestic assault, assault occasioning actual bodily harm, stalking and resisting arrest". In a 2014 Rolling Stone Australia article, Nicholls revealed that he had moved back into the family home in 2013 after receiving "medical intervention". On the subject of his mental health, he said: In an August 2014 interview with the DIY publication, Nicholls explained that he manages his condition by rarely socialising, stating, "I'm just following my instincts so... that's alright." During the same interview, he also revealed that he shuns 21st-century technology, such as smartphones and computers, as he prefers to minimise his responsibilities to live "like a kid".
Lord Lowry stated: > The disagreement concerns offences which occasion actual bodily harm. ... In > the immediately following paragraph of his judgment the Lord Chief Justice > [court below us] shows that what he said in Attorney General's Reference > (No. 6 of 1980) was intended by him to be of general application... If, as > I, too, consider, the question of consent is immaterial, there are prima > facie offences against sections 20 and 47 and the next question is whether > there is good reason to add sado-masochistic acts to the list of exceptions > contemplated in Attorney-General's Reference. In my opinion, the answer to > that question is "No".
The question of whether acting on a mistaken belief was a sufficient defence to a criminal charge was debated for more than a century until it was clarified at the Court of Appeal in the case R. v Williams (Gladstone) (1984), concerning an appeal heard in November 1983. The appellant, Gladstone Williams, had seen a man dragging a younger man violently along the street while the latter shouted for help. Mistakenly believing that an assault was taking place, Williams intervened and injured the apparent assailant, who was actually attempting to apprehend a suspected thief. Williams was subsequently convicted of assault occasioning actual bodily harm.
Finn recovered from the attack and returned to duty eleven weeks later, before retiring due to age, shortly before his eighth birthday in March 2017. In May 2017 at Stevenage Youth Court, a 16 year-old boy from Lewisham in south London was convicted of assault occasioning actual bodily harm for the attack on PC Wardell, but could only be convicted of criminal damage for stabbing the dog. Although, he was convicted Criminal Damage (over £5000) this actually gave higher sentencing guidelines for the courts when passing sentence to the defendant. In the circumstances a sensible decision made by the investigating officer and CPS.
Along with Bounty Killer, he has cited 2Pac as a childhood idol, comparing the late rapper's life to his own. In 2011, Mavado recorded with U.K. grime artist Chipmunk on the track "Every Gyal". On 1 September 2011, Mavado appeared on the Angie Martinez show on New York's Hot 97 radio station to announce that he had signed a deal with DJ Khaled's record label We the Best Music Group. Mavado released three singles "Emergency" featuring Ace Hood, Soulja girl and "Survivor" featuring Akon on We the Best Music Group. In May 2012 he was convicted of assault occasioning actual bodily harm and malicious destruction of property after a driving incident, and was fined a total of $100,000.
He denied the charges. Newton was originally charged with four offences, but on 21 May 2007 a court heard he would plead guilty to just one count of common assault – with police agreeing to drop counts of assault occasioning actual bodily harm and stalking and intimidating Satchwell, intending to cause her to fear physical or mental harm. On 12 June, Newton appeared in court and pleaded guilty to the one count of common assault and was put on a 12-month good behaviour bond. Magistrate Paul Cloran, who recorded the conviction against Newton, acknowledged that although the actor received some character references from friends and family he felt compelled to record a conviction.
R married his wife in August 1984 but the marriage became strained, and his wife moved back to her parents' house in October 1989, leaving a letter expressing her intention to seek a divorce. A few weeks later, in November 1989, R broke into the house while his wife's parents were out, and attempted to force her to have sexual intercourse with him against her will. He also assaulted her, squeezing his hands around her neck. The police arrested R and charged him with rape contrary to section 1(1) of the Sexual Offences (Amendment) Act 1976, and assault occasioning actual bodily harm contrary to section 47 of the Offences against the Person Act 1861.
After a spate of attacks in London in 2017, the Home Office said it would consider changes in laws and measures regarding sales of acid, as well as changes in prosecution and sentencing guidelines. As of 2017, it is unlawful to carry acid with the intent to cause harm. Attacks are prosecuted as acts of actual bodily harm and grievous bodily harm. Three quarters of police investigations do not end in prosecution, either because the attacker could not be found, or because the victim is unwilling to press charges. According to ASTI, of the 2,078 acid attack crimes recorded for the years 2011–2016 in UK, only 414 of those crimes resulted in charges being brought.
By 19 July 2006, police had laid 285 charges against 104 people, 51 having been arrested as a result of the original Cronulla riot and 53 arrested from the retaliation riots. These persons were charged with, amongst other things: malicious damage, possession or use of a prohibited weapon, assaulting police, rioting, resisting arrest, threatening violence and affray. Ali Osman, 18, was charged with affray and assault occasioning actual bodily harm for the original attacks he committed on 4 December 2005 against the volunteer lifesavers and was given 300 hours of community service for the assault and 200 hours for affray though they would be served concurrently. Osman was the only person charged over the initial confrontation.
A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty. Section 39 of the Criminal Justice Act 1988 provides that common assault, like battery, is triable only in the magistrates' court in England and Wales (unless it is linked to a more serious offence, which is triable in the Crown Court). Additionally, if a defendant has been charged on an indictment with assault occasioning actual bodily harm (ABH), or racially/religiously aggravated assault, then a jury in the Crown Court may acquit the defendant of the more serious offence, but still convict of common assault if it finds common assault has been committed.
Mr Constanza was charged with assault occasioning actual bodily harm contrary to section 47 of the Offences against the Person Act 1861. The case against him was that his behaviour was such as to cause the victim (Louise Wilson) to feel that his actions posed a threat to her personal safety. The Crown maintained that Constanza's behaviour, which included, inter alia, following her, making silent telephone calls and writing on her door, and which was described as stalking, writing over 800 letters to her in 4 months, had caused this great fear. Constanza had delivered a letter by hand which when read caused belief Constanza had "flipped" and would use force against her.
Shortly after emigrating from England to Australia, Glover (who would take up naturalised Australian citizenship) was convicted on two counts of larceny in Victoria, and a stealing charge in New South Wales. In 1962, he was convicted on two counts of assaulting women in Melbourne, two counts of indecent assault, one of assault occasioning actual bodily harm, and another four counts of larceny. He was sentenced to a three-year good- behaviour bond. He had a troubled relationship with older women in his life, especially his mother Freda (who had several husbands and many boyfriends), and after 1968, his mother-in-law when he married Gay Rolls and moved into his parents-in-law's house in Mosman, Sydney.
The use of intoxication as a defence is based on whether the offence is one of basic intent or specific intent, and also whether the intoxication was voluntary or involuntary. For example, getting voluntarily intoxicated and committing actual bodily harm (a crime of basic intent) will result in the defence of intoxication failing, as getting voluntarily intoxicated is viewed as reckless by the courts, which is sufficient for basic intent offences. Specific intent crimes demand proof of intention, and if the defendant did not form that mens rea, he cannot be guilty of the specific intent offence. However, often there is a basic intent offence as a fall-back in such cases, e.g.
Evans, Gavin (2013) "'Baby' Jake Matlala: World champion in two weight divisions who was named as his favourite boxer by Nelson Mandela", The Independent, 10 December 2013. Retrieved 21 March 2015 After retiring from boxing, Cantwell served as Chief Executive of the Professional Boxing Association and as a project worker for the Educational Sports Forum.Cridland, Alison (2009) "Boxing champ boots boss in the bottom during Brighton conference row", The Argus, 16 October 2009. Retrieved 21 March 2015 After an incident in September 2008 in which Cantwell knocked his manager Alan Irwin out during an argument at the Trades Union Congress in Brighton, he was convicted of assault causing actual bodily harm and sentenced to 200 hours of unpaid work.
On 10 December 1990 Gachot was due to meet with Jordan and representatives of 7up but, on the way and running late, he became involved in a road rage incident with a taxi driver at Hyde Park Corner in London. His car collided with the back of the taxi, but caused no damage to either car. Later, Gachot said the taxi driver pulled him by the tie and raised his fist, at which point Gachot sprayed the taxi driver with CS gas to defend himself. Gachot hid the CS gas canister in a toilet cistern in a nearby building, and was arrested and charged with Actual Bodily Harm (ABH) and possession of a prohibited weapon.
On 6 December 2018, Walker was arrested by police after allegedly assaulting his fiancée Alexandra Ivkovic that day at their home on Sydney’s northern beaches. He was charged with domestic-related common assault and assault occasioning actual bodily harm. The altercation was triggered by Ivanovo preparing dinner early and asking Walker whether he would prefer to use a fork or a spoon, while he wanted to continue playing his PlayStation. At a pre-trial court hearing on 26 February 2019 it was revealed that in two video statements and multiple written statements to police, Ivkovic had said that Walker pulled her to the ground by her ponytail, while she was holding their four month-old son in her arms, causing her to sustain several bloodied minor cuts.
On 1 September 2013, Rogers was involved in an incident at Wests Leagues club of Lambton Newcastle after attending Down Town Ball, a charity function in support of Down Syndrome NSW for which Rogers was the Hunter Region ambassador, the incident involved two men and a female at a taxi rank where an alleged verbal stoush resulted in Rogers assaulting two men. Rogers was charged on 8 October 2013 with two counts of assault occasioning actual bodily harm to which he pleaded not guilty claiming self-defence. On 16 April 2014 Rogers was found guilty and received a twelve-month good behaviour bond and a thousand dollar fine. He was subsequently stood down from club duties with the Newcastle Knights.
BBC News:Hymns and screams: Abuse at St Gilbert's approved school revealed, 1 December 2014 A headmaster, a deputy headmaster, and Brothers were reported to have been among those responsible. Police launched an investigation into allegations of abuse at the school between the 1940s and 1970s after former pupils were interviewed by BBC Hereford and Worcester, and documents intended to be unavailable until 2044 were released under the Freedom of Information Act 2000. In 2017 and 2018 two former staff members were tried for serious sexual offences, assault causing actual bodily harm, and child cruelty. They were acquitted of all charges other than three charges of child cruelty against one of the defendants, on which the jury was unable to reach a verdict.
On 1 October 2007, Gerrard was involved in a low-speed collision in Southport when the car he was driving hit a ten-year- old cyclist, who had shot into the street and inadvertently crossed Gerrard's path. He later visited the boy in the hospital and presented him with a pair of boots signed by Wayne Rooney, the boy's favourite player, after which he stayed to sign autographs for other young patients. On 29 December 2008, Gerrard was taken into custody outside the Lounge Inn in Southport on suspicion of a section 20 assault. He and two other men were later charged with assault occasioning actual bodily harm and affray, relating to an incident which left the bar's disc jockey with a broken tooth and cuts to his forehead.
A year later, on 14 March 2013, Joyce was again arrested after a disturbance during a karaoke event in the sports and social bar of the House of Commons. He was seen outside the bar wrestling on the floor with two police officers and reportedly had one of the officers in a headlock. As it was his second alcohol-related incident on House of Commons premises, the following day Joyce was given an indefinite ban by the Office of the Speaker from purchasing or being served alcoholic beverages from all Palace of Westminster premises, including its eight bars. Joyce was released under police bail from Belgravia Police Station in London the following day, when it was revealed that he was facing a charge of occasioning actual bodily harm, but he was not ultimately prosecuted.
One brother had filmed part of the attack on his mobile phone, which was used as evidence in court. The two suspects pleaded guilty to causing grievous bodily harm with intent, to robbing one of the boys of a mobile phone and the other of cash, to two counts of intentionally causing a child to engage in sexual activity, and to one additional charge of actual bodily harm relating to a previous incident involving another 11-year-old boy. A child protection expert, Eileen Vizard, who had been involved in the James Bulger case, told the sentencing judge that the younger brother was a "very high risk" to the community and was at risk of becoming "a seriously disturbed psychopathic offender" unless he was properly treated. The brothers were given indeterminate sentences on 23 January 2010.
In R v Linekar [1995] QB 250, a prostitute stated the fact that she would not have consented to sexual intercourse if she had known that her client was not intending to pay, but there was no fraud-induced consent as to the nature of the activity, nor was the identity of the client relevant. In R v Richardson [1998] 2 Cr App R 200, the patient believed that she was receiving dental treatment which otherwise would have given rise to an assault occasioning actual bodily harm, from a dentist who had in fact been struck off the register. The Court held that the identity of the defendant was not a feature which, in that case, precluded the giving of consent by the patient. In R v Navid Tabassum (May, 2000) the three complainant women agreed to the appellant showing them how to examine their own breasts.
The Non-Fatal Offences against the Person Act 1997The citation of this Act by this short title is authorised by section 32(1) of this Act. The comma is omitted on the authority of section 14(3)(a) of the Interpretation Act 2005. is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland. The Act replaced the greater part of the Offences against the Person Act 1861, scrapping such concepts as actual bodily harm and grievous bodily harm, and recognised the use of modern technology as a weapon: :"force" includes...application of heat, light, electric current, noise or any other form of energy -Section 2.2(a) The Act also made it an offence to use a syringe as a weapon, particularly where it is used to make the victim "...believe that he or she may become infected with disease".
Director of Public Prosecutions v Santa-Bermudez [2003] EWHC 2908 (Admin), also known as DPP v Santana-Bermudez, is a 2003 decision of the Divisional Court of Queen's Bench Division of the High Court of Justice of England and Wales, considering an appeal by the Director of Public Prosecutions (DPP) in a criminal assault case. The defendant, Santa-Bermudez, had lied about the presence of sharp objects in his pocket when being searched by a female police constable and the constable was injured. The defendant was charged with assault occasioning actual bodily harm but he argued that as he had not actively committed any action that led to the injury, he lacked the required actus reus for the crime to have been committed. Although convicted at the Magistrates' Court, the defendant appealed to the Crown Court which found in his favour and dismissed the case.
As the holder of the record as longest-ever continuously serving female MP in the House of Commons, Harman was dubbed the "Mother of the House" by Prime Minister Theresa May on 13 June 2017. On 10 September 2019, Harman announced that she would stand to be the next Speaker of the House of Commons following the announcement by the current Speaker John Bercow of his intention to resign on 31 October 2019. She withdrew from the vote after the second ballot, having the lowest votes of all of the surviving candidates. Harman supported an amendment to the Domestic Abuse Bill 2019 to implement the verdict of R v Brown—which determined that adults cannot consent to actual bodily harm—in statue law, to prevent use of the rough sex murder defence, believing men should be prosecuted for murder even if they did not intend to kill their partners.
Until recently, the case has never been challenged, but its current status was complicated by the then general assumptions that "infliction" required some act of violence, and that non- physical injuries could not be inflicted and so were outside the scope of the Offences Against the Person Act. Now the ruling in R v Chan-Fook [1994] 1 WLR 689, which held that psychiatric injury could be actual bodily harm, has been confirmed by the House of Lords in R v Burstow, R v Ireland [1998] 1 Cr App R 177. These cases overrule the implicit ratio decidendi of Clarence that non- physical injuries can be injuries within the scope of the Offences Against the Person Act and without the need to prove a physical application of violence, Lord Steyn describing Clarence as a "troublesome authority", and, in the specific context of the meaning of "inflict" in section 20, said expressly that Clarence "no longer assists". This left the issue of fraud.
R v Savage; R v Parmenter [1991] were conjoined final domestic appeals in English criminal law confirming that the mens rea (level and type of guilty intent) of malicious wounding or the heavily twinned statutory offence of inflicting grievous bodily harm will in all but very exceptional cases include that for the lesser offence of assault occasioning actual bodily harm. Both sections of the Offences against the Person Act 1861 (sections 20 versus section 47) only require damage to have resulted from a violent or otherwise malicious act of the defendant. An appellate court may use its statutory power under a 1968 Act to substitute a charge with an appropriate lesser charge. The latter offence, equally a misdemenour was held to apply to a precise fact pattern which included pouring one's large glass of drink over someone with the glass slipping and cutting a wrist; and to another which included three month's of rough-handling child cruelty.
The certified question of appeal which the House of Lords was asked to consider was: > Where A wounds or assaults B occasioning him actual bodily harm (ABH) in the > course of a sado-masochistic encounter, does the prosecution have to prove > lack of consent on the part of B before they can establish A's guilt under > section 20 or section 47 of the Offences against the Person Act 1861?[1994] > 1 AC 212, at 215 The Lords – by a bare majority, two out of five dissenting – answered this in the negative, holding that consent could not be a defence to these (typically overlapping) offences. Lord Templeman stated: > It is not clear to me that the activities of the appellants were exercises > of rights in respect of private and family life. But assuming that the > appellants are claiming to exercise those rights I do not consider that > Article 8 invalidates a law which forbids violence which is intentionally > harmful to body and mind.
Criminal law has a general prohibition against common assault and battery, but corporal punishment is legal through tradition and an implicit common law justification/defence (R v Hopley 2F&F; 202, 1860"By the law of England, a parent [repealled - referred to school teachers] may for the purpose of correcting what is evil in the child inflict moderate and reasonable corporal punishment, always, however, with this condition, that it is moderate and reasonable." Chief Justice Lord Cockburn, CJ in case R v Hopley 2F&F; 202 (1860)) to such charges for parents striking their children in the context of "lawful correction" where the act is "moderate and reasonable". The Children Act 2004 effectively provides a statutory definition of immoderate by disallowing this justification for any act of punishment inflicting injuries or effects that amount to wounding, actual bodily harm (ABH), or any act considered "cruelty to persons under sixteen" in violation of the Children and Young Persons Act 1933 and was described at implementation as criminalising "visible bruising""Smacking ban introduced", The Daily Telegraph, London, 15 January 2005. and rendering lesser injuries (comparable to "not serious" common assault) implicitly lawful/defensible.

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