The Crown and (or very formally Regina versus) Susan Savage; joined appeal in law of The Crown and Philip Mark Parmenter
Decided
7 November 1991
Citation(s)
[1991] UKHL 15, [1992] AC 699, [1992] 4 All ER 698, [1991] 94 Cr App Rep 193, [1991] 94 Cr App R 193, [1992] 1 AC 699
Case history
Prior action(s)
Conviction in Crown Court for battery with liquid and for malicious wounding under section 18. Court of Appeal replaced latter conviction with assault occasioning actual bodily harm under section 47.
Subsequent action(s)
none
Court membership
Judge(s) sitting
Lord Keith, Lord Brandon, Lord Ackner, Lord Jauncey, Lord Lowry
Case opinions
Lord Ackner, per curiam. On the proven facts of the case, found by the jury, and their having established the relevant malicious (e.g. violent) act, the severe misdemeanour of wounding with its consequent starting point of sentencing scale was improper, the correct legal classification of the offence was the misdemeanour of assault occasioning actual bodily harm with its lower starting point for sentencing: a verdict of guilty of assault occasioning actual bodily harm is a permissible alternative verdict on a count alleging unlawful wounding contrary to section 20 of the Offences Against the Persons Act 1861. Section 3(2) Criminal Appeals Act 1968 applied.[1]
Keywords
Assault occasioning actual bodily harm
grievous bodily harm
Assault
accidental aggravation
oblique intention
R v Savage; R v Parmenter [1991][1] were conjoined final domestic appeals in English criminal law confirming that the mens rea (level and type of guilty intent) of malicious wounding or the heavily twinned statutory offence of inflicting grievous bodily harm will in all but very exceptional cases include that for the lesser offence of assault occasioning actual bodily harm. Both sections of the Offences against the Person Act 1861 (sections 20 versus section 47) only require damage to have resulted from a violent or otherwise malicious act of the defendant. An appellate court may use its statutory power under a 1968 Act to substitute a charge with an appropriate lesser charge.
The latter offence, equally a misdemeanour was held to apply to a precise fact pattern which included pouring one's large glass of drink over someone with the glass slipping and cutting a wrist; and to another which included three month's of rough-handling child cruelty.
^ ab"R v Savage [1992&#; UKHL 1 (7 Nov 1991)". Bailii.org. Retrieved 25 January 2013.
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