R v Ireland [1998] AC 147 (HL)

Facts

  • The case consisted of a conjoined appeal involving two criminal cases.
  • In the primary set of facts, a man made repeated, silent telephone calls to women, without any direct verbal threats or physical contact.
  • The victims suffered recognised psychiatric damage, including anxiety, fear, and depression.
  • The defendant was charged under sections 20 and 47 of the Offences Against the Person Act 1861, which relate to inflicting grievous bodily harm and assault occasioning actual bodily harm.
  • The focus was whether silence and resultant psychiatric harm could fulfil the requirements of these sections.

Issues

  1. Whether "bodily harm" under the Offences Against the Person Act 1861 includes recognisable psychiatric illness or is limited to physical injury.
  2. Whether the term "inflict" in section 20 requires direct physical force, or if it can be interpreted to include psychiatric harm caused by non-physical acts.
  3. Whether assault can be committed through silence or non-physical acts, such as repeated silent telephone calls, without physical contact or verbal threats.

Decision

  • The House of Lords held that "bodily harm" under sections 20 and 47 of the Offences Against the Person Act 1861 includes recognised psychiatric illness.
  • It was determined that "inflict" in section 20 can be used interchangeably with "cause" and does not solely require the direct application of force; harm may be inflicted by non-physical means if causation is proved.
  • The House of Lords ruled that assault may occur through words, gestures, or silence, provided these create a fear of immediate and unlawful violence in a reasonable person.
  • The appeals were dismissed and the defendants' convictions under sections 20 and 47 were upheld.

Legal Principles

  • "Bodily harm" for the purposes of the Offences Against the Person Act 1861 encompasses both physical injury and recognisable psychiatric illness.
  • The term "inflict" in criminal law does not require the application of physical force and may include harm resulting from psychological means.
  • Assault can be committed without physical contact or verbal threats; words, gestures, or silence may constitute assault if they induce fear of imminent violence.
  • The case established legal recognition for psychological harm as a basis for criminal liability under assault and related offences.

Conclusion

The House of Lords in R v Ireland [1998] AC 147 (HL) established that psychiatric harm can amount to bodily harm under the Offences Against the Person Act 1861, clarified that harm can be inflicted without direct force, and confirmed that assault may be committed via non-physical acts, such as silence, where these cause fear of immediate violence.

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