Bodily harm is a legal term of art used in the definition of both statutory and common law offences in England and Wales and other common law jurisdictions. It is a synonym for injury 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 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 (ss. 18, 20, 23, 26, 28, 29, 31, 35, and 47) and in the offence of burglary under the Theft Act 1968 (s. 9). It is also used in the definition of murder (as it appears in case law) in the guise of grievous bodily harm.
Psychiatric disorder
Venereal and other communicable disease
See R v. Dica [2004] EWCA Crim 1103
Unconsciousness
See T v. DPP [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 R v. Morris (Clarence Barrington) [1998] Cr. App. R. 386
Great pain followed by tenderness and soreness for some time afterwards
This may constitute actual bodily harm, 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.[1]
References
- ^ The Canadian Criminal Code, section 2 [1] (English) [2] (French); this paragraph is based on the English text, but the French text has equal authority.
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