R v Wilson 1984

280 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Last modified: 07/03/18 Author: In-house law team

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

If you would like to view other samples of the academic work produced by our writers, please click here.

R v Wilson [1984] AC 242

Whether force can be indirectly, as well as directly, applied to satisfy the meaning of ‘inflict’ for a s. 20 charge of grievous bodily harm, and whether an initial assault must first be established.

Facts

The defendant nearly hit a pedestrian, the victim, with their vehicle and an altercation between the two subsequently ensued. The argument became heated and the defendant subsequently punched the victim.

Issues

Could a charge of GBH be brought under s. 20 of the Offences Against the Person Act where an initial assault has not been established. Moreover, was it correct that a jury, when considering the verdict for a person primarily charged with GBH under s. 20, could instead return a guilty verdict for the lesser charge of actual bodily harm under s. 47.

Held

The Court found that both ABH and GBH charges could successfully be brought under such circumstances, as both charges implied a claim of assault causing actual bodily harm. Here, Lord Roskill, delivering the leading judgment, cited with approval the earlier case of R v Salisbury [1976] VR 452, noting:

‘grievous bodily harm may be inflicted, contrary to [section 20], either where the accused has directly and violently ‘inflicted’ it by assaulting the victim, or where the accused has ‘inflicted’ it by doing something, intentionally, which, though it is not itself a direct application of force to the body of the victim, it does directly result in force being directly applied violently to the body of the victim so that he suffers grievous bodily harm’ ([251]).

Words: 261

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please:

www.ry-diplomer.com/diplom-v-khabarovske

мебель киев

Current Offers