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The offence of assault is defined in the Criminal Justice Act 1988, section 39. Jon, aged 14 decided to play a practical joke on his friend Zeika. The Court held on appeal that a jury should be able to take into account the unique circumstances of a victim and case in elevating a charge from ABH to GBH. Case in Focus: R v Parmenter [1991] 94 Cr App R 193. (RED) Non-Fatal Offences Flashcards by Abi Stark | Brainscape Several people were severely injured as a result of the defendants actions and he was charged under s.20 OAPA 1861. R v Bowen [1997] 1 WLR 372 R v Bowyer [2013] WLR(D) 130. Focusing on the facts of Mr Burstows case, the defendant had become obsessed with a woman and began stalking her, carrying out random acts such as damaging her car and breaking into her home, stealing her clothes, throwing condoms all over her garden, subjecting her to silent phone calls and sending hate mail. We have no doubt that in determining the gravity of these injuries, it was necessary to consider them in their real context. R v Bollom (2014) 'In deciding whether injuries are grievous, an assessment has to be made of the effect of the harm on the individual. Although his intentions were not For a s18 wounding charge to be bought the defendant must have intended really serious harm. R v Brown (Anthony) [1994] 1 AC 212 - Case Summary - lawprof.co R V Bollom (2004) D caused multiple bruises to a young baby. another must be destroyed or damaged. Consider two different defendants punching two different victims in the head. S.20 Offences Against The Persons Act - to unlawfully and maliciously wound or inflict any Grievous Bodily Harm without intent, A wounding is a break in all layers of the skin, There is no difference between serious and really serious harm, Accumulation of minor injury can amount to GBH, The court can take into consideration particular characteristics of the victim to decide whether the injuries amount to GBH, Psychiatric injury can amount to GBH - the woman was diagnosed with having a severe depressive illness, Possible to inflict biological GBH (by transmitting HIV or a similar STD, Foresight of some physical harm only is required, Did the D appreciate that there was some risk involved, Must foresee that some harm may be suffered, Only required to be foresight that some harm may occur, not that it would occur.