against an attempted use of violence against an individual. A defendant who wishes to claim self-defence must prove that it was justified, and there must be an evidentiary burden that proves sufficiently that there was force from another, which made it reasonably necessary to use defence against possible injury. Section 271 of the Criminal Code of Queensland addresses the matter of self-defence. Section 271 (1) establishes the general defence of “self-defence”; in circumstances where force has been deemed “reasonably necessary” to prevent assault or injury. However, as the present case involves an intended use of defensive force to cause serious harm or death, the application of s 271(1) must be excluded. Section 271(2) of The Code outlines Self-defence against unprovoked assault where the force used results in death or grievous bodily harm. It…
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…
Your Ground Law is the principle that a person may exert brutal force against someone if they truly believe that they are keeping themselves or someone else out of harm’s way. A person can also defend themselves in the instance that someone has intruded their home or vehicle. The principle of self-defense in Florida has a been standing thing for over a century but the Stand Your Ground law broadens the spectrum. No longer is there a “duty to retreat.” Meaning that in a situation where a person…
Since early human history, people have lived their lives receiving information and knowledge from those around them. With the technological innovations of the past century, the media have become more accessible than ever before with the help of the internet. Although these advances have many benefits such as allowing the ability for people to connect with others around the globe faster and providing people with a platform to express oneself, it also allows one to embed their own bias in the…
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…
arrest by scratching at PC Coopers face. Under s 18 the actus reas for grievous bodily harm is satisfied…
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…
If one might find some of them less appealing, they can be skipped by the reader since there are still enough left. Even one who is not particularly interested in food could find the book useful, since it deals in general with cultural meaning, symbolism, political economy, gender, and consumption. I liked especially the papers that dealt with the roots of thinness, since it is such a prevailing paradigm today in many parts of the world, and so heavily promoted by the media as an almost…
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…