R v Savage

Parliamentary Archives,
HL/PO/JU/18/251

Regina v. Savage (Appellant) (On Appeal from the Court of

Appeal (Criminal Division))

JUDGMENT

Die Jovis 7° Novembris 1991

Upon Report from the Appellate Committee to whom was
referred the Cause Regina against Savage, That the Committee
had heard Counsel as well on Tuesday the 2nd as on Wednesday
the 3rd and Thursday the 4th days of July last, upon the
Petition and Appeal of Susan Savage of 33 Bamburgh Parade,
Spennymoor, County Durham, praying that the matter of the
Order set forth in the Schedule thereto, namely an Order of
Her Majesty's Court of Appeal (Criminal Division) of the 28th
day of November 1990, might be reviewed before Her Majesty the
Queen in Her Court of Parliament and that the said Order might
be reversed, varied or altered or that the Petitioner might
have such other relief in the premises as to Her Majesty the
Queen in Her Court of Parliament might seem meet; as upon the
case of the Director of Public Prosecutions (on behalf of Her
Majesty) lodged in answer to the said Appeal; and due
consideration had this day of what was offered on either side
in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in the Court of Parliament of Her Majesty the Queen
assembled, That the said Order of Her Majesty's Court of
Appeal (Criminal Division) of the 28th day of November 1990
complained of in the said Appeal be, and the same is hereby,
Affirmed and that the said Petition and Appeal be, and the
same is hereby, dismissed this House.

Cler: Parliamentor:

Judgment: 7 November 1991

HOUSE OF LORDS

REGINA

v.

SAVAGE
(APPELLANT)

(ON APPEAL FROM THE COURT OF APPEAL (CRIMINAL

DIVISION))

DIRECTOR OF PUBLIC PROSECUTIONS
(APPELLANT)

v.

PARMENTER
(RESPONDENT)

(ON APPEAL FROM THE COURT OF APPEAL (CRIMINAL

DIVISION))

Lord Keith of Kinkel
Lord Brandon of Oakbrook
Lord Ackner
Lord Jauncey of Tullichettle
Lord Lowry

LORD KEITH OF KINKEL

My Lords,

I have had the opportunity of considering in draft the
speech to be delivered by my noble and learned friend, Lord
Ackner. I agree with it, and for the reasons he gives would
dismiss the appeal in Savage's case and allow that in Parmenter's
case to the extent which he proposes.

LORD BRANDON OF OAKBROOK

My Lords,

For the reasons given in the speech of my noble and learned
friend. Lord Ackner, I would dismiss the appeal in Savage's case
and allow the appeal in Parmenter's case but only to the extent
indicated by him.

LORD ACKNER

My Lords,

These two appeals have been heard together, because they
each raise the issue of the mental element which the prosecution
have to establish in relation to offences under two sections of the
Offences Against the Person Act 1861 24 & 25 Vict. c. 100 (the
"Act") viz. section 20, unlawfully and maliciously wounding or
inflicting grievous bodily harm and section 47, assault occasioning
actual bodily harm.

Reg. v. Savage;

The facts and the…