LAW

Published on
KembaraXtra-Case Law- R v Wilson [1984] HL & Infliction of Harm
I. Case Summary: R v Wilson [1984] HL
  • Facts: D, a motorist, almost ran down V. D exited his car and punched V in the face.
  • Held: D was found guilty of assault occasioning actual bodily harm.
II. Key Principle: Infliction of Grievous Bodily Harm (GBH) under s.20 Offences Against the Person Act 1861
  • An infliction of GBH (contrary to s.20) does not require an initial assault.
III. R v Salisbury [1976] (Cited in R v Wilson)
  • Core Principle (per Lord Roskill): GBH may be inflicted in two ways:
    1. Direct and Violent Infliction: The accused directly and violently inflicts GBH by assaulting the victim.
    2. Indirect Infliction via Intentional Action: The accused inflicts GBH by intentionally doing something that:
      • Is not a direct application of force to the victim's body.
      • But directly results in force being violently applied to the victim's body.
      • So that the victim suffers GBH.
IV. Hypothetical Question:
  • If D knowingly transmits a sexual disease to another, does this constitute an 'infliction' under s.20?
V. Definition of Grievous Bodily Harm
  • As defined by Viscount Kilmuir in R v Smith [1961] & R v Metharam [1961]: See separate notes on R v Smith for full definition.
Picture
0 Comments