Offences against the Person in UK Law

Leading Cases
  • R v Hodgson
    • Court of Appeal (Criminal Division)
    • 26 Set 1967

    Where the offence or offences are in themselves grave enough to require a very long sentence. Where it appears from the nature of the offences or from the Defendant's history that he is a person of unstable character likely to commit such offences in the future, and 3. Where if the offences are committed the consequences to others may be specially injurious, as in the case of sexual offences or crimes of violence.

  • Woolmington v DPP
    • House of Lords
    • 05 Abr 1935

    Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.

  • R v Cooper (Sean)
    • Court of Appeal (Criminal Division)
    • 08 Nov 1968

    That means that in cases of this kind the Court must in the end ask itself a subjective question, whether we are content to let the matter stand as it is, or whether there is not some lurking doubt in our minds which makes us wonder whether an injustice has been done. This is a reaction which may not be based strictly on the evidence as such; it is a reaction which can be produced by the general feel of the case as the Court experiences it.

  • R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
    • House of Lords
    • 24 Jun 1993

    Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.

  • Hill v Chief Constable of West Yorkshire
    • House of Lords
    • 28 Abr 1988

    In some instances the imposition of liability may lead to the exercise of a function being carried on in a detrimentally defensive frame of mind. A great deal of police time, trouble and expense might be expected to have to be put into the preparation of the defence to the action and the attendance of witnesses at the trial. The result would be a significant diversion of police manpower and attention from their most important function, that of the suppression of crime.

  • R v Merriman
    • House of Lords
    • 19 Jul 1972

    But in answering the question it is important to consider what is meant by a “joint charge”. In my view, it only means that more than one person is being charged and that within certain rules of practice or convenience it is permissible for the two persons to be named in one count. The offences charged in the present case were individual charges against each of the brothers.

  • R v Donald Pendleton
    • House of Lords
    • 13 Dez 2001

    The Court of Appeal can make its assessment of the fresh evidence it has heard, but save in a clear case it is at a disadvantage in seeking to relate that evidence to the rest of the evidence which the jury heard. For these reasons it will usually be wise for the Court of Appeal, in a case of any difficulty, to test their own provisional view by asking whether the evidence, if given at the trial, might reasonably have affected the decision of the trial jury to convict.

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Legislation
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Books & Journal Articles
  • Consent and Offences against the Person: Law Commission Consultation Paper no. 134
    • Núm. 57-6, November 1994
    • The Modern Law Review
  • The Case for a Rational Reconstruction of Consent in Criminal Law
    • Núm. 70-2, March 2007
    • The Modern Law Review
    This article argues for consistency in criminal law and the need for ‘rational reconstruction’ of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for co...
    ...... a model which could be used in o¡ences against the person and property o¡ences . The article ...SEXU AL OFFENCES ACT 2003: CLARIFYINGTHE LAW Consent is de¢ned ......
  • Legislation
    • Núm. 31-1, January 1968
    • The Modern Law Review
    ...... Acts 1835-1959 Indictable Offences Act 1848 Infants Relief Act 1874 ...) Order in Council 1960 Offences against the Person Act 1861 Race Relations Act ......
  • Reiterating the Criminal Code
    • Núm. 55-6, November 1992
    • The Modern Law Review
    ...... of the present law on non-fatal offences against the person. There would be new ......
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Law Firm Commentaries
  • Longer Jail Terms For Those Causing Serious Injury Behind The Wheel
    • Mondaq United Kingdom
    ...... From 3 December 2012, any person who causes serious injury to another person by ... bodily harm for the purposes of the Offences Against the Person Act 1861". Whilst case law ......
  • House Of Lords Inquiry Into Social Media Offences
    • Mondaq United Kingdom
    ...... offences under a range of statutes, including the Offences Against the Person Act 1861, the Protection from Harassment Act 1997, the ......
  • The Long Arm Of The Law: Extra-Territoriality And The Serious Crime Act 2007
    • Mondaq United Kingdom
    ...... of the Serious Crime Act 2007 and the offences of encouraging or assisting an offence. This ... is British: see section 9 of the Offences Against the Person Act 1861). 13. The difficulty which ......
  • Arbitration By Battle
    • Mondaq United Kingdom
    ...... defendants could insist on fighting the person who brought the prosecution, and be treated as ... custody, and in cases where the evidence against the accused was thought to be so strong as to ... guilty of one or more of the following offences:. (a) Common assault contrary to section 39 of ......
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