R v Ashman

JurisdictionEngland & Wales
Judgment Date01 January 1858
Date01 January 1858
CourtCourt of the Queen's Bench

English Reports Citation: 175 E.R. 638

QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER

Regina
and
Ashman

Co-raw Willes, J regina v ashman (To constitute grievous bodily harm, it is not necessary that the injury should be either permanent or dangerous, if it be such as seriously to interfere with comfort or health, it is sufficient.) Shooting with intent. The prisoner, a farmer, was charged with shooting, with a gun loaded with powder and blood, with intent to do grievous bodily harm. The Rev. Mr. Mahon was preaching in the parish church of Leigh Mendip, when a gun was fired through a hole previously cut in the window. He was struck on the temple, knocked back and stunned, his face, surplice and Bible being sprinkled with blood There was no wound, but grains of powder were imbedded in the forehead. The eye 1 F. & F. 89. REGINA V. ANNETT 639 was weak and the effects of the blow felt for two months after. The surgeon said, that had the charge struck the eye, or in a place nearer to the eye, the result would have been much more serious Wilfes, J (to the jury) -You must be satisfied that the prisoner had an intent to do grievous bodily harm It ls [89] not necessary that such harm should have been actually done, or that it should be either permanent or dangerous, if it be such as seriously to interfere with comfort or health, it is sufficient Not guilty of the intent Prideaux and Karslake for the prosecution Edwards and...

To continue reading

Request your trial
7 cases
  • R v Cunningham
    • United Kingdom
    • House of Lords
    • 8 July 1981
    ...D.P.P. v. Smith [1961] A.C. 290, R. v. Metharam [1961] 3 All E.R. 200, Hyam v. D.P.P., supra, at p.68), all disapproving ( R. v. Ashman 1 F. & F. 88). 8Counsel for the appellant understandably founded his case upon the powerful dissenting opinion of Lord Diplock in Hyam, concurred in by ......
  • Hyam v DPP
    • United Kingdom
    • House of Lords
    • 21 March 1974
    ...under various Acts including the Offences Against the Person Act, 1861, and other Statutes, and, shortly before that Act, Willes J., in Ashman (1858) 1 F. & F. 88 defined "grievous bodily harm" as not necessarily involving injury which is "permanent or dangerous if it be such as seriously t......
  • R v Chan-Fook
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 22 October 1993
    ...used for a long time in English law in connection with the definitions of aggravated assault and murder. At Bristol in 1858, Willes J in R.v. Ashman 1 F & F 88, on the trial of a defendant charged with shooting with intent, directed the Jury: 15 "You you must be satisfied that the prisoner ......
  • DPP v Smith
    • United Kingdom
    • House of Lords
    • Invalid date
    ... ... The direction in these passages was clearly based on the well known direction of Willes J. in Reg. v. Ashman F45 and on the words used by Graham B. in Rex v. Cox. F46 Indeed, this is a direction which is commonly given by judges in trials for the statutory offence under section 18 of the Offences against the Person Act, 1861 , and has on occasions been given in murder trials: cf. Reg. v. Vickers ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT