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LadyEllen -> RE: "Violent Porn Law" in UK - white paper extract (8/8/2007 3:00:27 PM)
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Went surfing and found the below - it is taken from the Crown Prosecution Service website and seems to indicate that "serious injury" is what is dealt with in the Offences Against The Person Act under "grievous bodily harm" - aka "gbh". It is surely then going to be difficult to establish "serious injury" if the image depicts anything not likely to fall under the category of "gbh"? This could be a get out, since most SSC images are going to depict "common assault" - ie not "serious injury" or at worst "actual bodily harm" - aka "abh" as defined by the CPS own website!
http://www.cps.gov.uk/legal/section5/chapter_c.html
"Common Assault"
Thus, although any injury that is more than transient or trifling can be classified as actual bodily harm, the appropriate charge (subject to Para (viii) below) will be contrary to section 39 where injuries amount to no more than the following:
Grazes;
Scratches;
Abrasions;
Minor bruising;
Swellings;
Reddening of the skin;
Superficial cuts;
A 'black eye.'
"Actual Bodily Harm"
As stated in paragraph 1(vi) above, the factors in law that distinguish a charge under section 39 from a charge under section 47 are the degree of injury resulting and the sentencing powers available to the sentencing court. Refer to paragraphs 1(vii) and (viii) for instances where common assault will be the appropriate charge. Where the injuries exceed those that can suitably be reflected by a common assault a charge of assault occasioning actual bodily harm should normally be preferred. By way of example, the following injuries should normally be prosecuted under section 47:
Loss or breaking of tooth or teeth;
Temporary loss of sensory functions, which may include loss of consciousness. T v Director of Public Prosecutions, [2003] Crim. L. R. 622
Extensive or multiple bruising;
displaced broken nose;
minor fractures;
minor, but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. stitches);
psychiatric injury that is more than mere emotions such as fear, distress or panic. In any case where psychiatric injury is relied upon, as the basis for an allegation of assault occasioning actual bodily harm, and the matter is not admitted by the defence, then expert evidence must be called by the prosecution. (R v Chan-Fook, 99 Cr. App. R. 147, CA).
"Grievous Bodily Harm" - note that this is where "serious" is first used
Grievous bodily harm means serious bodily harm. (Archbold 19-206). It is for the jury to decide whether the harm is serious. However, examples of what would usually amount to serious harm include:
injury resulting in permanent disability or permanent loss of sensory function;
injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull;
compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion;
injuries resulting in lengthy treatment or incapacity;
psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury.
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