“Wounding requires breaking of both skin layers, not merely internal bleeding or bruising.”
Eisenhower was hit near the eye by a pellet from an air gun. This caused a rupturing of blood vessels and bleeding under the surface, but did not break the skin. He was charged with unlawful wounding.
Whether internal bleeding without a break in the skin constitutes 'wounding' under s.20 of the Offences Against the Person Act 1861.
The Divisional Court held that there was no wound as both layers of skin remained intact. Internal bleeding alone, without breaking the skin surface, does not constitute wounding.
This case provides the definitive legal definition of wounding, essential for distinguishing between different types of harm under assault law. It's crucial for students understanding the technical requirements of s.20 offences.
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OSCOLA Citation
JCC v Eisenhower [1984] QB 331
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