Grievous bodily harm

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…

Code Act of 1899 in section 302 defines First Degree Murder as: a) If the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm. For First degree murder, it has the highest murder charge. If convicted, the correlating penalizations associated with the offence is life confinement cannot be facilitated under or different under the Code or another Act. There are…

the 2003 Act only distinguishes between cases of rape, assault by penetration, and sexual assault. The Offences Against the Person Act 1861 clearly distinguishes different levels of assault ranging from common assault to assault inflicting grievous bodily harm. The conditions and sentencing for each of type of assault is proportionate to its severity and effects. Reforming the current statute to create an additional degree of sexual assault would acknowledge the severity of sexual deception…

Common law it represents the whole of the United Kingdoms legal systems , which is made by judicial decisions in court, English law is based on common law,for instance common law was initially developed from case law based systems Common law is legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are Acts of Parliament, the common law system is ever changing. Trial by jury would be a characteristic of common law, for example, the judicial…

Unit 3 Discussion Forum 1. What are your views in using punishment in order to reduce unwanted behaviour? To my own understanding, when one is punished it does not mean the person is hated, but the person applying the punishment is trying to make the one going through the punishment to be a better person. I know many people will not agree with me on this, especially the way punishment is been used today. I will use myself as an example, back home in Nigeria in those days; every child is being…

Media plays a very important part in shaping public perceptions of crime (Levinsen & Wien, 2011). Media representations of crime are distorted, overrepresented and particular crimes are portrayed extensively, however they may be an infrequent event (Ditton & Duffy, 1983; Jerrin & Fields, 1994; Han Er, 2014). For example, violent crimes such as serial or mass murder and children as victims of sexual crimes are overrepresented compared to corporate or white-collar crimes (Jerrin & Fields, 1994;…

The parties of a crime The parties of a crime are: principal in the first degree, principal in the second degree, accessory before the fact, and accessory after the fact. The principal in the first degree was the one actually performed the act, and was present during the crime. The principal in the second degree, encouraged the crime, was present, but was not the one who actually performed the act. Accessory before the fact is one that offered aid to the commission of a crime before it…

Introduction My argument is that the law of intention is clear, simple, and still fit for purpose. Intention is one of the categories falling under the mens rea of murder. The law uses intention as one of the main methods of classifying offences, such as deciding between murder or manslaughter. The presence or absence of intention is what the law is interested in, not the motive behind the actions in question. The definition of Intention and how it can be found in the courts has continually been…

Legal protection under criminal law Criminal law protects all victims regardless of marital status. Although there are no specific provisions for domestic violence under criminal law, charges under assault, wounding, grievous bodily harm, kidnap, blackmail etc., cover issues linked to domestic violence, and there is further recourse for less violent offences such as stalking and harassment under the Protection from Harassment Act 1997 (PHA). Under Government involvement and new initiatives,…

In Australia there is no national law regarding abortion. Rather it is handled at a state level with grounds on which it is legal varies from state to state. In every state in Australia a legal abortion is only allowed to ‘protect the life and health of the women’ (Children By Choice, 2016). In addition to this, not one law in Australia recognises the consent of a women’s partner. 4.1 Queensland: It is made clear the laws current in Queensland are no the most appropriate approach in solving…