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Bodily harm

 

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Bodily harm



 
 
Bodily harm is a legal term of art used in the definition of both statutory and common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 offences in England and Wales
England and Wales

England and Wales is a legal unit within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom....
 and other common law jurisdictions. It is a synonym for injury
Injury

Injury or bodily injury is damage or harm caused to the structure or Purpose of the body caused by an outside wiktionary:agent or force, which may be physical or chemical....
 or bodily injury and similar expressions, though it may be used with a precise and limited meaning in any given jurisdiction. The expression grievous bodily harm
Grievous bodily harm

Grievous bodily harm is a term of art used in English law criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences Against The Person Act 1861....
 first appeared in a statute in Lord Ellenborough's Act (1803).

England and Wales
The expression is not defined by any statute.






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Encyclopedia


Bodily harm is a legal term of art used in the definition of both statutory and common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 offences in England and Wales
England and Wales

England and Wales is a legal unit within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom....
 and other common law jurisdictions. It is a synonym for injury
Injury

Injury or bodily injury is damage or harm caused to the structure or Purpose of the body caused by an outside wiktionary:agent or force, which may be physical or chemical....
 or bodily injury and similar expressions, though it may be used with a precise and limited meaning in any given jurisdiction. The expression grievous bodily harm
Grievous bodily harm

Grievous bodily harm is a term of art used in English law criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences Against The Person Act 1861....
 first appeared in a statute in Lord Ellenborough's Act (1803).

England and Wales


The expression is not defined by any statute. It currently appears in a number of offences under the Offences Against the Person Act 1861
Offences Against The Person Act 1861

The Offences Against the Person Act 1861 is an Act of Parliament of the Parliament of the United Kingdom of the United Kingdom of Great Britain and Ireland....
 (ss. 18, 20, 23, 26, 28, 29, 31, 35, and 47) and in the offence of burglary
Burglary

Burglary is a crime the essence of which is entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary....
 under the Theft Act 1968
Theft Act 1968

The Theft Act 1968 is an Act of Parliament of the Parliament of the United Kingdom, governing most of the general property offences in English law....
 (s. 9). It is also used in the definition of murder
Murder in English law

In English law, murder is considered the most serious form of homicide, in which one person kills another either intention in English law to cause death or intending to cause serious injury ....
 (as it appears in case law) in the guise of grievous bodily harm.

Psychiatric disorder

Venereal and other communicable disease

See [2004] EWCA Crim 1103

Unconsciousness

See [2003] EWHC 266 (Admin), [2003] Crim LR 622.

Hair

See DPP v. Smith [2006] EWHC 94 (Admin)

Pain or hurt such as persisting headaches, vomiting, pains in joints, stomach aches not caused by physical trauma

Mentioned in [1998] Cr. App. R. 386

Great pain followed by tenderness and soreness for some time afterwards

This may constitute actual bodily harm
Actual bodily harm

Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales and the Solomon Islands....
, even though there is no physically discernable injury. See Reigate Justices ex p. Counsell (1984) 148 JP 193, DC

Canada


In the Canadian Criminal Code, bodily harm is defined as any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.