Bodily harm

Secondly, the court considered that victims were not only older, and bigger than defendant, but also had been drinking and outnumbered defendant four to one. Based on those facts the defendant’s belief that he was in immediate danger of death or great bodily harm can be seen as reasonable. Finally, the state has evidence that the shots were fired in rapid succession. Therefore, the state failed to establish a sufficient interval between shots, which would have allowed the defendant to realize he…

death is reasonably foreseeable. Causation is determined by measuring the probability and likelihood of the accused knowing the degree of risk of death or grievous bodily harm they could cause the victim. It is reasonable for Donny Doer to be at least aware of his actions having the possibility of causing Velma Victim grievous bodily harm due to the previous incident with his dog . The Boughey v The Queen case additionally established the risk must be ‘substantial’ and a ‘real and not remote’…

not able to perceive the horse as not a threat. 776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.— A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily…

So if a foetus has the right to live and a pregnant woman has the right to bodily autonomy, the issue then becomes whose rights are deemed more important, or rather, whose rights prevail in terms of abortion? Judith Thompson’s unconscious violinist analogy argues that even if the foetus has the right to live, it does not have the right to use someone else’s body. You wake up one day and find yourself attached to someone else’s body, and discover that you were kidnapped and this person’s…

eating her cake-image, Marian reassures herself that she will not be reduced to an image, which she associates with losing her identity. In this manner, Marian regains her true identity which she has been looking for. On the other hand, Rennie in Bodily Harm regains her identity throughout the use of language. She decides to reject her submissive role as a lifestyle journalist in which she lives on the surface of things and avoids any involvement. Instead, Rennie decided to reject the gender…

her case, it did not have to be removed so, robbery did occur during the day of the incident before she arrived at the hospital. Actual Cause “But for” defendant’s failure to exercise reasonable care, plaintiff would not have suffered harm. Proximate Cause The harm was not foreseeable to the ordinary, reasonable, and prudent person because we expect medical attendants to be professional and not commit robbery to an unconscious person.…

introduced the notion that ‘death or serious bodily harm[SBH] had been a virtual certainty’ . The use of ‘Virtual certainty’ is implies that a defendant ‘foresaw what a reasonable person in his position would have foreseen’ with the outcome of his actions, ‘even though he did not desire it’ . Applying the precedent set in Maloney and Cunningham to Angus situation we can see that he has the mens rea for murder as although he did not intent to ‘kill or do serious harm’ to Sophia, it was a ‘death…

charged with manslaughter in the fatal shooting of Steven Campbell (Taylor, 2017, p.1). “Const. Abram Letkeman was also charged with criminal negligence causing death, reckless discharge of a firearm, criminal negligence causing bodily harm and dangerous driving causing bodily harm.” (Taylor,2017, p.1). Various groups such as the independent investigations unit and “code of conduct (internal investigations) [by the] royal Canadian mounted police considered the case and “determined there were…

drug use by addressing three major concerns that are commonly used to argue in favor of drug criminalization: (1) Drug users may harm themselves (2) Drug users may harm others (3) Drug use may make people less productive and less altruistic In order to address the first two concerns, Huemer posits that there exist countless legal behaviors that result in self-harm and harm to others. These behaviors include “smoking tobacco, drinking alcohol [....] [and being] an inattentive and inconsiderate…

vulnerable person they can be punished by up to a thousand dollar fine or incarceration for up to five year, or both. “When a person is guilty commits aggravated assault, they attempt to cause serious bodily injury to another person and if they attempt to cause, purposely, or knowingly cause causes bodily injury to another person with a deadly weapon, they can be punished by incarceration in the county jail for up to one year or in the state penitentiary for up to twenty years (Lexis Nexis…