Collins v Wilcock - Misplaced Pages

1984 court case in UK

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This article needs attention from an expert in Law. The specific problem is: Significance and circumstances of case/appeal/decision of Law Lord not fully described. Emphasis error in that Robert Goff, Baron Goff of Chieveley in Collins v Wilcock established current definitions & case is listed in 'important decisions' in Goff's WP article.. WikiProject Law may be able to help recruit an expert. (September 2016)

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Collins v Wilcock

Court	High Court of Justice
Decided	16 April 1984
Citation	1 WLR 1172; 3 All ER 374; (1984) 148 JP 692; (1984) 79 Cr App R 229; (1984) 128 Sol Jo 660; (1984) 81 LS Gaz 2140; Crim LR 481
Case history
Appealed from	Marylebone Magistrates' Court
Court membership
Judges sitting	Goff LJ and Mann J

Collins v Wilcock is an appellate case decided in 1984 by a divisional court of the Queen's Bench Division of the High Court of England and Wales. It is concerned with trespass to the person focusing on battery.

Collins v Wilcock is a leading case. Expanding on Lord John Holt's definition of intent in Cole v Turner, Lord Robert Goff's ruling in Collins v Wilcock narrowed the law. "An assault is committed when a person intentionally or recklessly harms someone indirectly. A battery is committed when a person intentionally and recklessly harms someone directly." But it also says this: "An offence of Common Assault is committed when a person either assaults another person or commits a battery." It notes that the only distinction between common assault and causing actual bodily harm (under section 47 of the Offences Against the Person Act 1861) is the degree of injury.

References

Dorothy J Wilson, "Divisional Court" (1984) 48 The Journal of Criminal Law 321
(1984) 148 The Justice of the Peace Reports 692
"Notes of Cases" (1984) 148 The Justice of the Peace 621 (29 September 1984)
(1984) 79 The Criminal Appeal Reports 229
"Crime" (1984) 128 The Solicitors Journal 660 (28 September 1984)
(1984) 81 LS Gaz 2140
"Queen's Bench Division" (1985) 104 Law Notes 10 (No 1, January 1985)
The Criminal Law Review 481
"Soliciting", The Police Journal, vols 58 and 59, pp 71 and 72
"Collins v Wilcock" in "Monthly Updater" in "Law and Practice" (1984) Legal Action
Harvey and Marston. "Collins v Wilcock". Cases and Commentary on Tort. Sixth Edition. Oxford University Press. 2009. Pages 350 to 353. See further pages 354 to 356, 358 and 360.
Dias (ed). Clerk and Lindsell on Torts. Sixteenth Edition. Sweet & Maxwell. 1989. Paragraphs 17-01, 17-04, 17-05, 22-119 and 27-113.
Archbold Criminal Pleading, Evidence and Practice. 1999 Edition. Paragraphs 19-171, 19-175 and 19-271.

1 WLR 1172; 3 All ER 374.
Walker v Commissioner of the Police of the Metropolis 1 WLR 312; EWCA Civ 897 at para 17. Bailey, Harris and Ormerod. Civil Liberties: Cases and Materials. 5th Ed. Butterworths. 2001. p 164. Weaver. Readings in Criminal Law. 5th Ed. Anderson Publishing Company. 1998. p 406. The Law Commission, Legislating the Criminal Code: Offences against the Person and General Principles, Law Com 122, 1992, para 9.17.
"2.2.3 Collins v. Wilcock [1984] 1 WLR 1172 (QB) | Tort Law: Cases and Commentaries | CanLII". CanLII. Archived from the original on 31 August 2021. Retrieved 2 February 2022.
3 All ER 374 et seq

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