said that there was no problem, the appellant said that he would give him one and punched him in the face. The victim suffered a broken nose and other injuries. The appellant desisted when a passer-by approached. The appellant was tried on, inter alia, a count of inflicting grievous bodily harm, contrary to s 20 of the Offences Against the Person Act 1861. The judge directed the jury that grievous bodily harm meant ‘serious injury’. The appellant was convicted. He appealed on the ground that the judge had misdirected the jury failing to direct them that the injury had to be ‘really serious’. Held: The question had already been considered by the Court of Appeal in R v McMillan (1984) unreported, 8 October. The conclusion reached in that case was equally applicable to the present case, in which there was no need to use the phrase ‘really’ serious harm; the omission of the word ‘really’ was not significant. The victim had suffered a broken nose, which was clearly grievous bodily harm. ‘Infliction’ and ‘causing’: a distinction without a difference?

ABSTRACT

Lord Steyn outlined the facts giving rise to the appeal in R v Burstow as follows: In R v Burstow the appellant was indicted on one count of unlawfully and maliciously inflicting grievous bodily harm, contrary to section 20 of the Act of 1861 ... Burstow had a social relationship with a woman. She broke it off. He could not accept her decision. He proceeded to harass her in various ways over a lengthy period. His conduct led to several convictions and periods of imprisonment. During an eight month period in 1995 covered by the indictment he continued his campaign of harassment. He made some silent telephone calls to her. He also made abusive calls to her. He distributed offensive cards in the street where she lived. He was frequently, and unnecessarily, at her home and place of work. He surreptitiously took photographs of the victim and her family. He sent her a note which was intended to be menacing, and was so understood. The victim was badly affected by this campaign of harassment. It preyed on her mind. She was fearful of personal violence. A consultant psychiatrist stated that she was suffering from a severe depressive illness. In the Crown Court counsel asked for a ruling whether an offence of unlawfully and maliciously inflicting grievous bodily harm contrary to section 20 may be committed where no physical violence has been applied directly or indirectly to the body of the victim. The judge answered this question in the affirmative. Burstow thereupon changed his plea to guilty. The judge sentenced him to three year’s imprisonment. Burstow applied for leave to appeal against conviction. The Court of Appeal heard full oral argument on the application, and granted the application for leave to appeal but dismissed the appeal.