R v Parmenter [1991] 94 Cr App R 193
The defendant was convicted on four counts of causing GBH to his baby son under s.20. The baby suffered injuries to his boney structures of his legs and forearms due to the heavy handed way the defendant handled the baby. The defendant was not used to handling young babies and did not know that his actions would result in injuries. The trial judge directed the jury that they were to convict if the defendant should have foreseen that his handling of the child would result in some harm albeit of a minor nature. The defendant appealed contending that it was necessary to establish that the defendant appreciated the risk and it was not sufficient that he should have foreseen a risk of injury.
Held:
The appeal was allowed. His convictions under s.20 were substituted with convictions for ABH under s.47.