R v Savage; R v Parmenter [1991]

R v Savage; R v Parmenter [1991] UKHL 15 were conjoined final appeals in English criminal law that revolved around the mens rea required under Sections 20 and 47 of the Offences Against the Person Act 1861 (OAPA). The fundamental distinction lies in the mental element necessary for each offence.

Parmenter's Case
Philip Parmenter, who rough-handled his baby son during the first three months, caused injuries to the baby's legs and right forearm. The jury convicted him under Section 20 for wounding or causing grievous bodily harm. The Court of Appeal initially granted the appeal, seeking acquittal, citing a collision between two ideas about punishing unforeseen consequences based on intent or consequences. The court quashed the convictions but could not substitute a lesser offence.

Savage's Case
Susan Savage threw her pint of beer over Tracey Beal, her husband's ex-girlfriend, in a pub on March 31, 1989. The glass slipped from her hand, cutting the victim's wrist. The jury found that Savage deliberately threw the beer and negligently allowed the glass to slip, with no intent to wound or cause grievous bodily harm. She was initially convicted of malicious wounding, but the Court of Appeal quashed the conviction, substituting it with assault occasioning actual bodily harm.

The central issue before the House of Lords was whether, under Sections 20 and 47 OAPA, the defendant must have intended or foreseen some harm, the exact harm caused, or if there was no requirement to foresee any harm at all.

Savage's appeal was dismissed, affirming that the mens rea under Section 20 OAPA encompasses the defendant's subjective intent or foresight of some physical harm. The harm foreseen need not be wounding or grievous bodily harm but could be of a minor character.

Parmenter's appeal was allowed, and his conviction under Section 20 OAPA was substituted for Section 47. Lord Ackner clarified that under Section 47 OAPA, the only mens rea required is that for assault, without the necessity of intending or foreseeing physical harm.

Lord Ackner emphasised that "maliciously" in Section 20 implies the defendant's intention or foresight of some physical harm, adopting the Cunningham recklessness standard. The harm intended or foreseen need not be severe, broadening the scope beyond wounding or grievous bodily harm. In contrast, Section 47 OAPA merely requires the mens rea for assault without the added element of intending or foreseeing physical harm.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.