scholarly journals Bodily Modifications and the Criminal Law

2018 ◽  
Vol 82 (6) ◽  
pp. 496-506 ◽  
Author(s):  
Daniel Bansal
Keyword(s):  
Criminal Law ◽  
Personal Autonomy ◽  
Bodily Harm ◽  
Current Position ◽  
Ear Piercing ◽  
Grievous Bodily Harm ◽  
The Law

This article critically evaluates the law on bodily modifications and consent in English criminal law. The law on consent to (serious) bodily harm has been looked at on numerous occasions by both academics and the judiciary. The current position is that conduct must fall within one of four broad categories for consent to bodily harm to be effective—surgery, regulated sports, chastisement of children and tattooing and ear-piercing. This article argues that extreme bodily modifications, which involves the infliction of grievous bodily harm, are not permitted when utilising the current category-based rationale favoured by the judiciary. This article posits that extreme bodily modifications are of such social disutility that their criminalisation must be correct. It is submitted that interference with personal autonomy is justified considering the significant inherent risks with such extreme procedures.

10. Non-fatal offences against the person

2021 ◽  
pp. 421-467
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Hate Crime ◽  
Case Law ◽  
Recent Case ◽  
Bodily Harm ◽  
Hate Crime Legislation ◽  
Grievous Bodily Harm ◽  
The Law ◽  
Crime Legislation ◽  
Assault And Battery

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s ‘The Law in Context’ feature examines the scope of ‘hate crime’ legislation.

scope of that design and used the extreme violence which was intended to cause grievous bodily harm or death. The judge’s direction in the appellant’s case did not deal with that situation (or with) the appropriate verdict of not guilty should the jury find the second and/or third defendant went beyond what was contemplated by the appellant. On the facts of the case there were only two verdicts open to the jury, guilty or not guilty of murder. If, as the Crown contended, she was a party to an agreement to kill, she was guilty of murder. If she was a party to an agreement to inflict some harm, short of grievous bodily harm, then she was guilty of neither murder nor manslaughter. The victim’s killing and the manner of the killing could not be within the ambit of the agreement to which the appellant was a party, if the ambit was confined on her part to an intention that only some harm should befall the deceased, albeit not death or really serious injury. The issues involved could not be distinguished from those adumbrated by Widgery LJ in Lovesey and Peterson (1969) 53 Cr App R 461. The judge failed to remind the jury of the law as laid down in Anderson and Morris (1966) 50 Cr App R 216 and followed in Lovesey and Peterson (1969) 53 Cr App R 461. The result of that non-direction was that the jury returned a verdict which was not open to them. R v Stewart and Schofield [1995] 3 All ER 159 (CA)

1996 ◽  
pp. 408-424
Keyword(s):  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
Extreme Violence ◽  
The Law ◽  
Serious Injury

10. Non-fatal offences against the person

2020 ◽  
pp. 262-309
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Law ◽  
Coherent Structure ◽  
Disease Transmission ◽  
Psychiatric Illness ◽  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
Life Itself ◽  
The Individual ◽  
Different Levels

This chapter examines non-fatal offences that range from a trivial tap on the shoulder to levels of harm threatening life itself. While the relevant offences are archaic in their definition and lacking in any coherent structure, they are extremely important because they are frequently prosecuted and they also give rise to interesting questions on issues central to the criminal law, such as how the autonomy of the individual should be respected. The chapter considers whether psychiatric illness can amount to an offence against the person; what level of harm constitutes ‘actual’ bodily harm as opposed to ‘grievous’ bodily harm; and whether actual bodily harm must be ‘inflicted’ or merely caused. Finally, the chapter examines the criminalization of disease transmission. This also chapter examines the controversial question of whether and, if so, when a sane adult should be permitted to consent to harm to himself or to the risk of harm to himself. It considers the threshold of harm—should V be permitted to consent to any level of harm or only to minor harms; whether a person should be permitted to consent to different levels of harm in certain activities: surgery, boxing, horseplay, etc; whether the transmission or risk of transmission of diseases or infections can be consented to; and what constitutes ‘true’ consent.

16. Non-fatal offences against the person

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Detailed Analysis ◽  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
The Law ◽  
Prevention Of Crime ◽  
Assault And Battery

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment, possession and use of offensive weapons. The chapter also discusses defences to assault and battery including consent, and lawful chastisement, in addition to the Law Commission’s Report on reforming offences against the person. The discussion includes a detailed analysis of the relevant statutory offences including the Offences Against the Person Act 1861, the Protection from Harassment Act 1997, and the Prevention of Crime Act 1953. It also considers racially or religiously aggravated versions of the relevant offences.

16. Non-fatal offences against the person

2021 ◽  
pp. 689-785
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Detailed Analysis ◽  
Bodily Harm ◽  
Coercive Control ◽  
Grievous Bodily Harm ◽  
The Law ◽  
Assault And Battery

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment and possession and use of offensive weapons. The chapter also discusses defences to assault and battery including consent and lawful chastisement, in addition to the Law Commission’s Report on reforming offences against the person. The discussion includes a detailed analysis of the relevant statutory offences including the Offences Against the Person Act 1861 and the Protection from Harassment Act 1997. It also considers coercive control as well as racially or religiously aggravated versions of the relevant offences.

10. Non-fatal offences against the person

2020 ◽  
pp. 452-514
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Bodily Harm ◽  
Coercive Control ◽  
Grievous Bodily Harm ◽  
Actus Reus ◽  
Recent Reform

This chapter discusses the provisions of criminal law for non-fatal offences against the person in Great Britain, which include assault, battery, malicious wounding, grievous bodily harm, and racially and religiously aggravated assaults. It examines the distinction between these major offences against the person and discusses the actus reus and mens rea elements of them. The chapter evaluates the use of the consent and lawful chastisement in legal defence, analyses the relevant provisions of the Harassment Act 1997 and the new offence of coercive control, and reviews some recent reform proposals. It also provides examples of related cases and comments on the bases of court decisions on each of them.

10. Non-fatal offences against the person

Criminal Law ◽  
2019 ◽  
pp. 413-458
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Hate Crime ◽  
Case Law ◽  
Body Modification ◽  
Recent Case ◽  
Bodily Harm ◽  
Hate Crime Legislation ◽  
Grievous Bodily Harm ◽  
The Law ◽  
Crime Legislation ◽  
Assault And Battery

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s Law in Context feature examines the scope of ‘hate crime’ legislation.

10. Non-fatal offences against the person

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
Actus Reus ◽  
Recent Reform

This chapter discusses the provisions of criminal law for non-fatal offences against the person in Great Britain, which include assault, battery, malicious wounding, grievous bodily harm, and racially and religiously aggravated assaults. It examines the distinction between these major offences against the person and discusses the actus reus and mens rea elements of them. The chapter evaluates the use of the consent and lawful chastisement in legal defence, analyses the relevant provisions of the Harassment Act 1997 and reviews some recent reform proposals. It also provides examples of related cases and comments on the bases of court decisions on each of them.

10. Non-fatal offences against the person

2017 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Law ◽  
Coherent Structure ◽  
Disease Transmission ◽  
Psychiatric Illness ◽  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
Life Itself ◽  
The Individual

This chapter examines non-fatal offences that range from a trivial tap on the shoulder to levels of harm threatening life itself. While the relevant offences are archaic in their definition and lacking in any coherent structure, they are extremely important because they are frequently prosecuted and they also give rise to interesting questions on issues central to the criminal law, such as how the autonomy of the individual should be respected. The chapter considers whether psychiatric illness can amount to an offence against the person; what level of harm constitutes ‘actual’ bodily harm as opposed to ‘grievous’ bodily harm; and whether actual bodily harm must be ‘inflicted’ or merely caused. Finally, the chapter examines the criminalization of disease transmission.

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