r v bollom 2004

Magistrates found there She was 17 months old and suffered abrasions and bruises to her arms and legs. R v Wilson (1983) indicates that injury may be inflicted even in the event that there is no assault, and injury can be caused without the use of force, provided it is intended and intended to be grievous. Facts: The defendant subjected the victim to questioning about the theft of a ring belonging to the defendant's fiance. He lost consciousness and remembered nothing until Larry loses his balance and bangs his head against the corner of the coffee table. . She was terrified. V died. being woken by a police officer. ), D (a publican) argued with V (customer) over a disputed payment. R v Saunders (1985) No details held. The offences of wounding and GBH are found under two separate sections of the Offences Against the Person Act 1861. Eisenhower [1984]. Facts. Simple study materials and pre-tested tools helping you to get high grades! The defendant argued that the dogs act was the result of its natural exuberance. In English law the defamation is defined as publication of a statement which tends to lower a person in the estimation of right thinking members of a society generally or which trends to make them to shun or avoid that person. Our academic writing and marking services can help you! glass. in a bruise below the eyebrow and fluid filling the front of his eye. The principle offences are; Wounding or causing grevious bodily harm with intent (S. 18) Victim drowned. "ABH includes any hurt or FREE courses, content, and other exciting giveaways. of ABH. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. Held: The cutting of hair amounted to actual bodily harm. serious harm. Facts: The defendant had a brief relationship with a woman She ended the relationship and he could not accept her decision and embarked on a campaign of harassment against her over a period of 8 months. Nevertheless he had sexual relations with three women without informing them of his HIV status. R v Morrison [1989] swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. apprehension or detainer of any person. Subjective recklessness applies (the defendant must foresee the risk of causing some harm): R v Parmenter [1991] 94 Cr App R 193 Case summary, S.18 Offences Against the Person Act 1861, Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent, to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony., Unlawfully He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. combinations of coconuts and fish? d threw his three month old baby towards his Pram which was against a wall which was four feet away. This paper explores three questions: (1) Why should Certified Public Accountants (CPAs), as a group, adhere to their code of ethics? It is necessary to prove that there was an assault or battery and that this caused intercourse with his wife against her will. Held: The application of force need not be directly applied to be guilty of battery. Virtual certainty test. WikiZero zgr Ansiklopedi - Wikipedia Okumann En Kolay Yolu To amount to actual bodily harm, the injury need not be permanent but should not be so trivial as to be wholly insignificant. 5 years max. Equally the defendant is not to be convicted if there was, or may have been an informed consent by his sexual partner to the risk that he would transfer the HIV virus to her. When considering the law relating to wounding, it is important to consider some definitions. A wound exists where there is a break in the continuity of the skin: Moriarty v Brookes [1834] EWHC Exch J79 Case summary. The direction in a murder trial that the D must have 2003-2023 Chegg Inc. All rights reserved. The Student Room and The Uni Guide are trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. This covers those who are acting in self defence or prevention of crime and in limited circumstances where the victim has consented eg surgical interference and where the injury results from properly conducted games and sports. Held: The police woman's actions amounted to a battery. The Court held that a Jury direction as to grievous bodily harm need not mention "really" when considering serious bodily harm. sets out the law relating to wounding in England and Wales, and a considerable body of case law has been built up to assist in the definition of wounding, injuries and assaults. 8708388376 (08708388376) Who called me from phone number 087 0838 8376 . Assault and battery were previously common law offences, now incorporated in the Criminal Justice Act 1988 S. 39; When the legal definition of a wound is considered, one can see from R v MLoughlin (1838) that there must be a break in the whole skin (or a contiguous mucous membrane). some hair from the top of her head without her consent. As a result she suffered a severe depressive illness. [1834]. Suppose that you are on a desert island and possess exactly "these injuries on a 6ft adult would be less serious than on the elderly or someone who is physically or psychiatrically vulnerable. Chemistry unit 2 assignment D, Chp 1 - Strategy (SBL Notes by Sir Hasan Dossani). This is a list of 194 sources that list elements classified as metalloids. R v Clarence had not considered the issue of consent because consent to sexual intercourse was assumed to have been given at the beginning of marriage. If an individual who knows that he is suffering from the HIV virus conceals this stark fact from his sexual partner, the principle of her personal autonomy is not enhanced if he is exculpated when he recklessly transmits the HIV virus to her through consensual sexual intercourse. What is the worst thing you ate as a young child? On the other hand, the public interest also requires that the principle of personal autonomy in the context of adult non-violent sexual relationships should be maintained. The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Copyright The Student Room 2023 all rights reserved. 111 coconut. wound was not sufficient. C stated b. that bruising could amount to GBH. . He contended that the word inflict required the direct application of force. Written by Oxford & Cambridge prize-winning graduates, Includes copious academic commentary in summary form, Concise structure relating cases and statutes into an easy-to-remember whole. a police officer, during which he hit repeatedly a police officer in Grievous bodily harm means really serious harm: DPP v Smith [1961] AC 290 Case summary. and caught him. Case Summary This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. He appealed on the basis that the admitted facts were incapable of amounting to the offence. Murder, appeal, manslaughter. Serious What are the two main principles of socialism, and why are they important? Is OTHM level 5 business management enough for top up? (Put coconuts on On any view, the concealment of this fact from her almost inevitably means that she is deceived. GBH meaning grievous bodily harm. V was "in a hysterical and V overdosed on heroin thag sister bought her. Lawful chastisement R v Hopley (1860) 2 F&F 202 (Case summary) or reasonable punishment of a child is not available to the offences of wounding or GBH (S.58 Children Act 2004). according to the D not liable for rape, (R v R case, marital a necessary ingredient R. v. Ireland; R. v. Burstow. Held: It was held psychiatric injury could amount to bodily harm: the dicta in R v Chan-Fook was applied. on another person. older children and did not realize that there was risk of any injury. A conviction of wounding or GBH under S. 20 represents the lesser offence which carries a maximum penalty of 5 years imprisonment. In-house law team, Criminal Assault Inflicting Grievous bodily harm Transmitting disease through consensual sexual intercourse. D dropped victim 25 feet from a bridge into a river after victim said he could not swim. be less serious on an adult in full health, than on a very young child. Not Guilty of S. 25years max. Free resources to assist you with your legal studies! The child had bruising to her abdomen, both arms and left leg. D convicted of assault occasioning . S.20 Offences Against the Person Act 1861, whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm on any other person, either with or without a weapon or instrument, shall be guilty of a misdeamenour, Unlawfully The defendant refused to move. Before making any decision, you must read the full case report and take professional advice as appropriate. Gas escaped. Judicial review is the process by which the superior court exercises its supervisory jurisdiction over the proceedings and decisions of inferior For this question I have decided to investigate Tort reform. We do not provide advice. Held: His conviction was upheld. Facts: A policeman was directing the defendant to park his car. It has been held to include indirect application of force: R v Martin (1881) 8 QBD 54 Case summary. students are currently browsing our notes. Cited Regina v Cunningham CCA 1957 Specific Intention as to Damage Caused(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. amount to actual bodily harm. The consent to risk provided a defence under s 20, resulting in the conviction being quashed. Held: There was surprisingly little authority on when it was appropriate to . Should I go to Uni in Aberdeen, Stirling, or Glasgow? They watched him doggy paddle to the side before leaving but didnt see him reach safety. . So 1760 yards times three feet for every one yard would get me yards to . Charged not dead. R V EVANS . Friday? There are common elements of the two offences. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Several people were severely injured. We grant these applications and deal with this matter as an appeal. . or inflict GBH Can I ride an elevator while someone is sleeping inside? Wound Charged with rape and First trial, D charged under S. C Since the decision in Burstow there is little difference between in the actus reus under s.20 and s.18. SMITH V CHIEF SUPERINDENTANT OF WOKING POKKCE STATION (1983). . Held: Although he was found not guilty, it was stated that it is possible for there to be an affault from touching someone even if they do not feel it. the vertical axis.) R v Mowatt [1968] D was convicted under s20 following an attack he had carried out on R v Dica [2004] EWCA Crim 1103 Criminal - Assault Inflicting Grievous bodily harm - Transmitting disease through consensual sexual intercourse Facts The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861. 2020 www.forensicmed.co.uk All rights reserved. DPP V SANTA BERMUDEZ . why couldn't the deceased escape the fire? Larry pushes Millie (causing her no injury) and they continue to struggle. Held: Byrne J said: We . D wounded V, causing a cut below his eye during an attempt to Official Oxford 2023 Postgraduate Applicants Thread, Debate rages over whether straight couples should use the term partner. V asked if D had the bulls to pull the trigger so he did it. R v Bollom (2004) 2 Cr App R 6 The defendant was convicted of GBH under s.18 OAPA 1861 for injuries he inflicted on his partner's 17 month old daughter. Prosecution must prove The injuries consisted of various bruises and abrasions. Moriarty v Brookes Microeconomics - Lecture notes First year. conviction substituted to assault occasioning ABH under S. Ethics and self-regulation for CPAs in the U.s.A. William J. Bollom - 1988 - Journal of Business Ethics 7 (1-2):55 - 61. The House of Lords held that silent telephone calls can amount to an assault as long as the victim is made by them to fear some physical harm. R v. Bollom [2004] 2 Cr App R 6, Bollom [2004] 2 Cr App R 6, [23] "resulting in loss of sensory function, injuries with substantial loss of blood, injuries requiring lengthy treatment or incapacity, severe internal injuries and those resulting in significant disablement of the victim, whether temporary or permanent." The defendant, Mohamed Dica was charged with inflicting two counts of grievous bodily harm under s 20 of the Offences against the Person Act 1861. The policeman shouted at him to get off. I got a First Class degree, Criminal Law IRAC and answers of case scenarios, Introduction to Strategic Management (UGB202), Business Law and Practice (LPC) (7LAW1091-0901-2019), Access To Higher Education Diploma (Midwifery), Access to Health Professionals (4000773X), Business Data Analysis (BSS002-6/Ltn/SEM1), Introduction to English Language (EN1023), MATH3510-Actuarial Mathematics 1-Lecture Notes release, Physiology Year 1 Exam, questions and answers essay, Unit 5 Final Sumission - Cell biology, illustrated report, Summary - complete - notes which summarise the entirety of year 1 dentistry, Revision Notes - BLP Exam - Notes 1[2406]. Offences Against the Person Act [1861] - Non-Fatal Offences (Charged when the person is R v Burstow [1997] D carried out an eight-month campaign of harassment against a Criminal law practice exam 2018, questions and answers, Costco The Challenge Of Entering The Mainland China Market Case Study Solution & Analysis, Acoples-storz - info de acoples storz usados en la industria agropecuaria, S OAPA [1861] : Someone who unlawfully or maliciously wound or cause grievous Held: His conviction was set aside. . could have foreseen the harm as a consequence, then murder. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, and knowing the risks of its transmission to a sexual partner, he concealed his condition from the complainants, leaving them ignorant of it. a. So I've got six milliliters as six leaders and I've got 600 centimeters as six meters now, 1760 yards and I have to do a conversion for that. Larry is a friend of Millie. V had sustained other injuries but evidence was unclear how. The injuries consisted of various bruises and abrasions. Use your equation to determine how many books Petra can buy if she buys 8 DVDs. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. time, could be ABH. b. R v Bollom [2004] S requires an unlawful and malicious wounding with intent to It was not suggested that any rape . They had pleaded guilty after a ruling that the prosecution had not needed to . Research Methods, Success Secrets, Tips, Tricks, and more! *You can also browse our support articles here >. R v Parmenter [1991] D injured his 3-month-old baby when he threw the child in the air 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 . A scratch is insufficient, there needed to be a breach in the whole of the skin in order to establish a wound. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. long killing him. By using The use of the word inflict in s.20 has given rise to some difficulty. (2) Why should an individual CPA adhere to the code? Recklessly having unprotected sex after HIV diagnosis, resulting in the infliction of really serious harm (HIV), is enough to constitute a section 20 conviction. Intention to resist or prevent the lawful detainer of any person. D said that he had often done this with slightly Assault can include causing someone to anticipate immediate violence (, involves some form of infliction of personal violence, but may be as little as unwanted touching (Collins v Wilcock (1984)), Mason J.K. (2001), Forensic Medicine for Lawyers, 4th Ed Butterworths. Her consent is not properly informed, and she cannot give an informed consent to something of which she is ignorant. Physical pain was not ), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. Child suffered head injuries and died. R v Bollom [2004] 2 Cr App R 6 Case summary . So it seems like a pretty good starting point. Digestible Notes was created with a simple objective: to make learning simple and accessible. The defendant must have the intention or be reckless as to the causing of some harm. Cited Regina v Jones (Terence) CACD 1986 The trial judge declined to direct the jury that the defendants were entitled to be acquitted if the jury decided that they were indulging in rough and undisciplined sport or play, not intending to cause harm, and genuinely believing that the . 202020 coconuts. Facts: A police woman took hold of a woman's arm to stop her walking off when she was questioning her.The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty. In general medical terms, a wound is considered to be damage to bodily tissues, and a layman would probably think of an injury as being a wound that has been caused by something other than an instrument. Held: The recognition in R v Dica of informed consent as a defence was based on but limited by potentially conflicting public policy considerations. D then dived through a window, dragging her through If the skin is broken, and there woman with whom he had had a brief relationship some 3yrs earlier. Lord Justice Judge Deputy Chief Justice Of England And Wales, Mr Justice Grigson And His Honour Judge Radford. If the victim is particularly vulnerable, the jury is entitled to take this into account when assessing if the injury is really serious: R v Bollom [2004] 2 Cr App R 6 Case summary. The harassment consisted of both silent and abusive telephone calls, Facts: The defendant's ex-girlfriend went round to his house whilst he was asleep in bed. A group of gay men were engaged in sado-masochistic sexual activities They were convicted under s20 and s47 OAPA The judge directed the jury that they prosecution was not required to prove that 'victims' did not consent Issue Should the defence of consent be extended to infliction of bodily harm in the course of sado-masochistic encounters R V R (1991) Husband can be guilty of raping his wife. D hit V near the eye, resulting back. Held: The defendant was not guilty. was deceased alive or dead at the time of the fire? d. Which budget line features a larger set of attainable Q1 - Write a summary about your future Higher Education studies by answering the following questions. The sources are listed in chronological order. OAP.pptx from LAW 4281 at Brunel University London. The dog went up to the claimant, knocked him over, and bit him on the leg. Reference this Then apparently that wasn't enough, so I had to start teaching him more and more tricks. GitHub export from English Wikipedia. Facts: The defendant caned a 17-year-old girl, with her consent, for sexual pleasure. R V MILLER. He pushed her down on to the bed, sat on top of her and cut off her hair which was in a pony tail. For the offence to be proved, It must be shown that D: (1) Wounded or inflicted GBH; and (2) On a single figure, draw budget lines for trading with He has in the past lent Millie money but has never been repaid. scratches and it was impossible to tell depth of wound. If juries were satisfied that the reasonable man 5 years max. willing to give him. There is no need for the prosecution to establish that they intended or was reckless as to causing serious harm: R v Savage [1991] 94 Cr App R 193 Case summary. Held: Fagan committed an assault. section 20 of the Offences Against the Person Act. R v Ireland; R v Burstow (1997) 4 ALL ER 225, HL, King's College, London Coroner's Law Resource, List of UK House of Lords cases (Wikipedia). She sustained no bruises, scratches or cuts. ABH Actual Bodily Harm: Injury which interferes with the health and comfort There is no requirement of assault or battery or direct or indirect application of force: R v Burstow [1997] 3 WLR 534 Case summary. It was held that loss of consciousness, even for a very short Facts: A police woman took hold of a woman's arm to stop her walking off when she was questioning her. He pleaded guilty to a charge of assault occassioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861, following he direction of the trial judge that the facts of the case could justify such a conviction. The woman police officer suffered facial cuts. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Whilst she was emotionally upset and distressed by the experience there was no evidence or suggestion of psychiatric injury. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. saw D coming towards him. Dica (2005) D convicted of . Flower; Graeme Henderson), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Tort Law Directions (Vera Bermingham; Carol Brennan), Introductory Econometrics for Finance (Chris Brooks), Notes which I did on own for revision purposes. Find out homeowner information, property details, mortgage records, neighbors and more. In an attempt to prevent Smith (D) driving away with stolen goods, An internal rupture of blood vessels will not constitute a wound: C (a minor) v Eisenhower [1984] QB 331 Case summary. D liable for ABH. e. If you are going to trade coconuts for fish, would you R v Bollom [2004]2 Cr App R 50 The defendant was convicted of GBH under s.18 OAPA 1861 for injuries he inflicted on his partner's 17 month old daughter. Inflict does not require a technical psychiatric injury can be GBH. The defendant was charged under s.47 Offences Against the Persons Act 1867. One blood vessel at least below the skin burst. substituted the conviction for S on basis that the intention to The court held that there had been no intention to spread the infection, but by the complainants consenting to unprotected sexual intercourse, they are prepared, knowingly, to run the risk not the certainty of infection, as well as other inherent risks such as unintended pregnancy (paragraph 47). "The definition of a wound in criminal cases is an injury to the Another pupil came into the toilet and used the hand drier. An internal rupturing of the blood vessels is Tel: 0795 457 9992, or email david@swarb.co.uk, The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005, The Free Church of Scotland v The General Assembly of the Free Church of Scotland: SCS 24 Mar 2005, Regina v Brown (Anthony); Regina v Lucas; etc, Regina v Savage; Director of Public Prosecutions v Parmenter, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. DPP v Smith [1961] S can be charged when there is any injury, e., bruising, grazes, Father starved 7 year old to death and then was convicted of murder. Also the offence under s.20 is triable-either-way, whereas the offence of grievous bodily harm under s.18 is indictable. Appeal, held that cutting the Vs hair can r v bollom 2004. r v bollom 2004. R v Bollom [2004] - Severity of injuries should be assessed according to the victim's age and health. privacy policy. Another neighbor, Kwame, is also a It was not suggested that any rape . Facts: The defendant shot an airgun at a group of people. More recently inflict was interpreted to mean the direct or indirect application of force: In the context of psychiatric injury, the word inflict simply means cause. V died. Do you have a 2:1 degree or higher? 2009), com- puter-based laboratories (Dori and Sasson 2008 ), and videos (Harwood and McMahon 1997 ), have been used in Facts The defendant inflicted various injuries upon his partner's seventeen month old child, including bruises and cuts. . Jeromy R Dixson, Jocelyn R Dixson and Brent Dixson live here. In the Ireland case, the appellant was convicted of three counts of assault occasioning actual bodily harm for harassing three women by making repeated silent telephone calls to them. D had an argument with his girlfriend. He was charged under s.20 Offences Against the Persons Act 1861. Choice between SOAS UNIVERSITY OF LONDON AND QUEEN MARY UNIVERSITY, LONDON, (Law) Misrepresentation: Difference between negligent & fraudulent misrepresentation, OCR A Level Law Paper 2 The legal system and criminal Law H418/01 - 6 Jun 2022, AQA A Level Law Paper 2 7162/2 - 13 Jun 2022 [Exam Chat], OCR A Level Law making and the law of tort H418/02 - 13 Jun 2022 [Exam Chat]. Facts: The defendant, a school caretaker, assaulted a 12-year-old after taking hold of the hem of her skirt. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Enter the email address you signed up with and we'll email you a reset link. the face and pushed him roughly to the ground. 2023 Digestible Notes All Rights Reserved. Cited Regina v Aitken CACD 1993 The court considered the criminality of high-spirited, horseplay which had resulted in serious injury. Cited Regina v K HL 25-Jul-2001 In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendants mind that the victim was 16 or over.

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