R v Roberts [1971]

Facts

  • Roberts gave a lift to the victim, whom he had never met
  • After refusing his sexual advanced, Roberts drove off at speed
  • In order to escape, the victim jumped from Roberts’ moving car and sustained actual bodily harm

Issue

  • Did Roberts cause the actual bodily harm?

Decision

  • Yes

Reasoning

  • The victim’s action were neither daft, nor so unexpected that no reasonable man would have acted in the same way
  • Escaping does not break the chain of causation unless it is ‘daft’ in the eyes of the jury
  • The requisite mens rea for causing actual bodily harm under section 47 of the Offences Against the Person Act 1861 is merely an intent or recklessness as to some harm
RELATED CASE  Unsworth v DPP [2010]

Posted in Criminal Law Revision Notes.

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