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Ireland and Burstow [1997] 3 WLR 534

By Oxbridge Law TeamUpdated 04/01/2024 07:03

Judgement for the case Ireland and Burstow

Table Of Contents

  • A man harassed a former partner by making threatening calls, appearing at her place of work, photographing her family, etc., causing her severe depression.

  • He pleaded guilty to GBH (grievous bodily harm) and then appealed, but his appeal was dismissed.

  • The same was the case where he had made silent phone calls and other threatening attacks against several other women causing lesser psychological illness, and plead guilty to occasioning actual bodily harm.

  • HL dismissed appeals, saying that psychiatric illness did constitute GBH and ABH (actual bodily harm) (Lord Steyn).

Steyn

  • Also said that where immediacy was a question, it would have to be addressed on the basis of each case, but that silent phone calls DID satisfy the immediacy requirement, because fear may be created of an imminent attack, even though there may be little evidence to suggest this: THIS IS VERY BROAD.

  • Finally, he said that to β€œinflict” did not require a physical attack, since psychiatric illness could be instigated by harassment, stalking, etc.

Lord Hope

[A]n assault is any act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence.

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