Lopping off pony-tail 'an act of assault'

AN EX-BOYFRIEND'S act of cutting off a woman's ponytail could be interpreted as an offence of assault occasioning actual bodily harm, two English High Court judges ruled yesterday.

In the first case of its kind south of the Border, two eminent judges said hair could be regarded as a person's "crowning glory" - and magistrates at Dudley, West Midlands, were wrong when they held that Michael Ross Smith, 21, had no case to answer. For almost an hour the judges discussed, among other things, what hair means to a woman - and whether its unwanted removal with a pair of kitchen scissors could amount to actual bodily harm.

Then they allowed an appeal by the Director of Public Prosecutions and ruled that the magistrates erred in law when, in June last year, they acquitted Smith, of Worcester Road, Netherton, Dudley.

The judges heard the incident occurred in April last year. Smith and Michelle Tether, his former partner, had started a relationship about five years ago.

They had since broken up on two occasions. On 11 April, weeks before her 21st birthday, Miss Tether went to Smith's home and up to his bedroom where he was asleep.

When she woke him up, he pushed her down on the bed, produced the kitchen scissors, sat on top of her and cut off her ponytail and hair from the top of her head without her consent, the judges were told.

Yesterday Sir Igor Judge, the president of the Queen's Bench Division of the High Court, and Mr Justice Cresswell ruled the magistrates had gone wrong in law and must continue hearing the prosecution case against Smith.

They rejected arguments that the hair growing out of a person's head was by its nature dead and generally no bodily harm could be caused by its removal.

Mr Justice Cresswell said: "To a woman, her hair is a vitally important part of her body.

"Where a significant portion of a woman's hair is cut off without her consent this is a serious matter - not trivial or insignificant - amounting to bodily harm."

Sir Igor agreed, saying: "Whether it is alive beneath the surface of the skin or dead tissue above the surface of the skin, the hair is part of the human body.

"It is intrinsic to each individual and the identity of each individual, although that is not essential to my decision. I note that an individual's hair is relevant to his or her autonomy. Some regard it as their crowning glory - admirers may so regard it in the object of their affections."

During the hearing, the judges had heard how Miss Tether picked up some of her hair and the ponytail and left Smith's home in a distressed state.

A week later, police went to Smith's house, where his mother, Karen Smith, emptied the vacuum cleaner and the officers retrieved some of the shorn hair.