R v Donovan

JurisdictionEngland & Wales
CourtCourt of Criminal Appeal
Date1928
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59 cases
  • R v Wilson (Alan)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 29 February 1996
    ...I have to deal with is that on the face of it the majority in the House of Lords in the case of Brown approved of the dicta in the case of Donovan and that accordingly until such time as the legislature or the European Court do something about it we are now saddled with a law which means th......
  • R v Brown (Anthony) ; R v Laskey (Colin) ; R v Jaggard ; R v Lucas (Saxon) ; R v Carter ; R v Cadman
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 19 February 1992
    ...harm or wounding. His Lordship reviewed the classic authority R v ConeyELR ((1882) 8 QBD 534), the prize fight case, R v DonovanELR ([1934] 2 KB 498), in which the reasoning of the court seemed to have been tautologous, as was pointed out in Attorney General's Reference (No 6 of 1980)ELR ([......
  • DPP v Brown
    • Ireland
    • Supreme Court
    • 21 December 2018
    ...have to play in any given case. 56 Finally, in this context, it would be useful to refer to the decision in the case of R. v Donovan [1934] 2 K.B. 498 in which Swift J. made the following observation at p. 507: ‘If an act is unlawful in the sense of being in itself a criminal act, it is pl......
  • R v Kimber
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 26 May 1983
    ...he did unlawfully. When there is a charge of indecent assault on a woman, the unlawfulness can be proved, as was sought to be done in R. v. Donovan (1934) 2 K.B. 498, by evidence that the defendant intended to cause bodily harm. In most cases, however, the prosecution tries to prove that th......
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5 firm's commentaries
  • Shoot me in the f***ing head: Knife attack in Sydney CBD
    • Australia
    • Mondaq Australia
    • 24 August 2019
    ...or trifling'; in other words, more than slight harm - such as minor redness or passing scratches - which quickly subside; Donovan [1934] 2 KB 498. Examples of ABH may include bruises or lasting scratches or swelling; McIntyre v Regina (2009) 198 A Crim R 549 at para Transient emotions, feel......
  • The law, defences and penalties for assaulting police in New South Wales
    • Australia
    • Mondaq Australia
    • 23 June 2020
    ...in addition to the 3 elements listed above. 'Actual bodily harm' is that which is "more than merely transient or trifling"; R v Donovan [1934] 2 KB 498. It does not need to be a permanent injury, and may include bruising, and scratches or marks which do not subside within a short space of P......
  • Australian police found to be misidentifying victims of domestic violence
    • Australia
    • Mondaq Australia
    • 9 December 2021
    ...Act 1900 (NSW). Actual bodily harm entails an injury that need not be permanent, but more than merely transient or trifling (R v Donovan [1934] 2 KB 498). For an outline on the law on other types of assault not considered domestic violence, click on our article here on assault offences in N......
  • Australian police found to be misidentifying victims of domestic violence
    • Australia
    • Mondaq Australia
    • 9 December 2021
    ...Act 1900 (NSW). Actual bodily harm entails an injury that need not be permanent, but more than merely transient or trifling (R v Donovan [1934] 2 KB 498). For an outline on the law on other types of assault not considered domestic violence, click on our article here on assault offences in N......
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19 books & journal articles
  • A Different Ball Game—Why the Nature of Consent in Contact Sports Undermines a Unitary Approach
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 71-6, December 2007
    • 1 December 2007
    ...common law rule be given a statutory footing.36 Rv Brown [1994] 1 AC 212, per Lord Templeman, who was quoting from Swift Jin Rv Donovan [1934] 2 KB 498 at 507.37 Rv Brown [1994] 1 AC 212 at 222:‘A maim was bodily harm whereby a man was deprived of the use of anymember of his body which he n......
  • The Emotional Dynamics of Consent
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 79-6, December 2015
    • 1 December 2015
    ...versus Submission: Threats and the Element of Fear in Rape’(1977) 13 University of Western Australia Law Review 52.73. Compare Donovan [1934] 2 KB 498 (CA).Stannard ‘freely and voluntarily’.74In another case D was convicted of rape after posing as a security officer andthreateningto report ......
  • Being Informed: The Complexities of Knowledge, Deception and Consent When Transmitting HIV
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 74-3, June 2010
    • 1 June 2010
    ...authority’ and claimed that inthe context of ‘inf‌lict’ Clarence ‘no longer assisted’ (at 235).25 [2004] QB 1257.26 Ibid. at 1266.27 [1934] 2 KB 498.28 Ibid. at 507, per Swift J. The harm ‘need not be permanent, but must . . . be morethan transient or trif‌ling’. Exceptions listed (ibid. at......
  • Criminalising the Possession of Extreme Pornography: Sword or Shield?
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 75-5, October 2011
    • 1 October 2011
    ...drafted by MacKinnon andDworkin: see C. Mackinnon Feminism Unmodified (Harvard University Press:Cambridge MA, 1984). 40 R v Donovan [1934] 2 KB 498.41 Criminal Justice and Immigration Act 2008 Explanatory Notes, para. 803.42 [1994] 1 AC 212, [1993] 2 All ER 75.43 See Laskey, Jaggard, and Br......
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