D, R v [2006] EWCA Crim 1139 (16 May 2006)

D, R v [2006] EWCA Crim 1139 (16 May 2006)

Psychological injury not amounting to a recognisable psychiatric illness does not constitute 'bodily harm' under sections 18, 20, or 47 of the Offences Against the Person Act 1861. The law requires an identifiable clinical condition, and to extend the definition would introduce uncertainty and is not supported by binding authority.

Citation
[2006] EWCA Crim 1139
Parties
Appellant: R; Respondent: D
Jurisdiction
England and Wales
Judgment Date
16 May 2006
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Terminating Ruling (pre Trial)
Outcome
appeal dismissed; acquittal confirmed
Legal Topics
Bodily Harm, Psychiatric Injury, Psychological Injury, Manslaughter, Causation, Offences Against the Person Act 1861
Criminal Law Bodily Harm Psychiatric Injury Psychological Injury Manslaughter Causation Offences Against the Person Act 1861

Case Brief

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Parties

R

Appellant

D

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Terminating Ruling (pre Trial)

Legal Issues

  1. 1 Whether psychological injury not amounting to recognisable psychiatric illness can constitute 'bodily harm' under sections 18, 20, and 47 of the Offences Against the Person Act 1861
  2. 2 Whether the prosecution can proceed on evidence of psychological injury absent a recognised psychiatric condition

Ratio Decidendi

Psychological injury not amounting to a recognisable psychiatric illness does not constitute 'bodily harm' under sections 18, 20, or 47 of the Offences Against the Person Act 1861. The law requires an identifiable clinical condition, and to extend the definition would introduce uncertainty and is not supported by binding authority.

Court Disposition

appeal dismissed; acquittal confirmed

Orders

  • Ruling of Judge Roberts QC confirmed
  • Respondent acquitted