Law The Prosecution must prove beyond a reasonable doubt that the Defendant had assaulted the Complainant and that the assault was unlawful. The Code sets out that common assault occurs when one person assaults another and the assault was unlawful. Moreover, the Code defines assault, therein notably setting out two separate types of assault. The first was previously Battery under English common law and may adequately be described as striking, touching, moving of, or application of force of any kind to the person of another; either directly or indirectly; and without the other person's consent. Whereas the second limb is any bodily act or gesture that was utilised in an attempt to apply force of any kind or to threaten to apply force of any…
states “Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without any weapon or instrument, shall be guilty of an offence or shall be liable… to imprisonment for not more than 5 years.“ Whilst for Section 18, according to the UK government, it provides “Whosever shall unlawfully and maliciously by any means whatsoever wound or cause any GBH to any person, with intent to do some grievous bodily harm to any person, or with intent…
Roast me! Boil me! Grill and flash-fry me! No need to tenderize my meat. Because it has already been tenderized by me. When I pinch my arm the rest gets jealous, so usually I promise myself some grievous bodily harm. You have got to treat yourself sometimes, I 'm warned. I wish I had some money to treat myself once in a while. If I had some money I would buy anything that would make you smile, I swear. Are we really living or just existing here? Up here the winter 's so much colder, makes my…
Trayvon. Yet, the question asked should be, “What would a reasonable person do in this situation?” Most people out of protection and curiosity would do the same and follow. No one likes the guilty man to get away. As a neighborhood watch volunteer should call anything in that looks out of place or feels uncomfortable. When calling anything in make sure you have the facts of the person in questions characteristics (Bell 2015). The police were asked why they didn’t arrest George on site of…
witches living in the home, since it was kept in such harsh conditions. As the five teen girls were leaving the yard Mr. Davis came out and shot Rachel Barezinsky in the back of her head. According to the article, "Stand Your Ground" Laws Are a License to Murder, “Police said the girls were nowhere near the house—they were, in fact, driving away—when Davis opened fire with his .22-caliber rifle.” The girls had already left the property and in no way harmed or threatened Davis’s life. In regard,…
In regards to the case at hand, s271 stipulates the use of self-defence against an unprovoked assault. These provisions will be analysed for relevancy and discussed throughout the essay. The burden which is placed on the Crown Prosecution must first…
power struggle between morality and legal authority. The tenacity of sado-masochistic practices has further tugged the ropes of these concepts apart as arguments have risen about the interference of the law in private and consensual activities on the basis of the preservation of the moral fabric of the society. There is a view, that courts should maintain a residual power to control moral issues, physical harm or not. However, according to the harm principle, ‘…the only purpose for which power…
arrest by scratching at PC Coopers face. Under s 18 the actus reas for grievous bodily harm is satisfied…
continuing to call her a slut.” He then “punched her as hard as he could in the jaw.” The ambulance treated Rebecca for “broken jaw and serious bruising to the left side of her face.” For these actions of battery and assault it is arguable that Tony would be charged with “Wounding or Grievous Bodily Harm with Intent” under section…
you!” Barbara is apprehending physical violence with a threat to kill , she is committing common assault, by intentionally leading “someone to expect the (non-consensual) application to his body of immediate unlawful force.’ (Venna). Under section 18 of the Act, “wounding or causing grievous bodily harm with intent”, Sunita is fulfilling the mens rea element with the ulterior intent to cause grievous bodily harm. Although, Sunita did not directly cut Barbara’s forehead; her reaction was…