Magistrates Court
| DOI | 10.1177/002201837604000402 |
| Published date | 01 October 1976 |
| Date | 01 October 1976 |
| Subject Matter | Article |
Magistrates
Court
Comments
on
Cases
CAN
THE
OFFENCE
OF
"ASSAULT
OCCASIONING
ACTUAL
BODILY
HARM"
CONTRARY
TO
COMMON
LAW
BE
DEALT
WITH
SUMMARILY UPON
THE
CONSENT
OF
THE
ACCUSED?
R. v. Taggart
and
Hanson
Both
accused
were
charged
at
Portrush
Petty
Sessions
before
Mr. J.M.
Shearer,
Resident
Magistrate,
with
assault occasioning
actual
bodily
harm
contrary to
common
law
and
the
question
arose as
to
whether
the
court
had
jurisdiction
to
deal
with
them
summarily
upon
their
consent.
Schedule
3
to
the
Magistrates'
Courts
Act
(N.I.)
1964
which
sets
out
the
indictable
offences
that
can
be
dealt
with
summarily
upon
the
consent
of
the
accused
includes
the
following
entry
"Offences
under
Section
...
47
of
the
Offences
Against
the
Persons
Act
1861".
Section
47
of
the
1861
Act
enacts
as
follows:-
"Whosoever
shall be
convicted
upon
an
indictment
of
any
assault
occasioning
actual
bodily
harm
shall be liable
to
imprisonment
for
five years,
and
whosoever
shall
be
convicted
upon
an
indictment
for a
common
assault shall be liable,
at
the
discretion
of
the
court,
to
be
imprisoned
for
any
term
not
exceeding
one
year."
Schedule
4
to
the
Northern
Ireland
(Emergency
Provisions)
Act
1973
as
amended
by
Schedule
2
to
the
Northern
Ireland
(Emergency
Provisions)
Amendment
Act
1975
includes
among
the
scheduled
Common
Law.
Offences
therein
set
out
the
offence
of
assault
occasioning
actual
bodily
harm
-
Section
47
of
the
1861
Act
being
more
correctly
treated
as
the
punishment
section
for
the
offence
but
not
as a
section
creating
the
offence.
Seeking
the
meaning
of
the
phrase
"Offences
under
Section
47
of
the
1861
Act"
as
used
in
Schedule
3
to
the
1964
Act
the
Resident
Magistrate said
that
although
Section
47 is
not
an
offence-creating
section,
some
meaning
must
be given
to
the
phrase,
it
cannot
simply
be
ignored
as if it
did
not
exist. He felt
that
the
only
realistic
meaning
which
can
be
given
to
it is
"Offences
the
punishment
for
which
is
provided
under
Section
47
of
the
1861
Act"
or
alternatively
"Offences
mentioned
in
Section
47
of
the
1861
Act".
He
accordingly
held
that
the
offence
of
assault
occasioning
actual
bodily
harm,
although
strictly
speaking
it
may
be
of
an
offence
contrary
to
common
law,
comes
within
the
ambit
of
the
entry
211
To continue reading
Request your trial