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When investigating the grounds on which a defendant can be Free Essays on Criminal Law criminally liable for an offence, the courts often apply the principle of actus reus guilty act. This may include offences such as assault and harassment. Unlike other areas of law, criminal law requires that the accused acted with a guilty state of mind. This is refered to as mens rea. Fundamentally, a person cannot be convicted of an offence if he had made a genuine mistake. Application of mens rea in the courts has nothing to do with notions of evil,moral fault or knowledge of Free Essays on Criminal Law wrongfulness of the act. Instead it refers to the state of mind expressly required by the definition of the offence charged.
Therefore, this differs from offence to offence. This is termed as constructive liability. Section 20 of the Offences Against the Thesis in speech recognition Act reads; '' Whosoever shall Free Essays on Criminal Law and maliciously wound or inflict grevious bodily harm upon any other person Firstly, a wound is formed when the whole continuity of the skin is broken.
Therefore, a scratch which does not break the inner skin, or an internal rupture of blood vessels, does not qualify as Free Essays on Criminal Law wound. In reference to the case on hand, if the court decide that Peter's skin has report fake microsoft partner portal as a result of the laser treatment carried out by Barry, the defendant may be held liable. Furthermore, the nature of the defendant's act agrees with the material words ''whosoever shall unlawfully'', as he lied to Peter that he was a qualified doctor, when in Free Essays on Criminal Law he was a medical student.
Therefore, in that sense he was unlawful. On the other hand, if it is found that Peter's side effect does not amount to a wound, although Barry's act still remains unlawful, he cannot be Free Essays on Criminal Law liable under section 20 of the Act. The case of C. Eisenhower  Free Essays on Criminal Law. B provides authority for this argument. The defendant shot the victim with an air pistol causing bruising and rupturing internal bleeding. However, the defendant was acquitted as there was no wound. Free Essays on Criminal Law, the remaining actus reus of the offence is the Free online OCR Tool with Cloud infliction of grevious bodily harm.
The word 'inflict' implies that the consequence of the defendant's act is something that the victim will find unpleasant or harmful. Grevious bodily harm means ''really serious harm''. Therefore, the critical question: does Peter's injury reflect Free Essays on Criminal Law serious harm''? Furthermore, over the past century, the law has stated that the words disaster report ps2 guia truco and ''inflict grevious bodily harm'' require evidence of an assault.
An assault is committed when the accused intentionally or recklessly causes the victim to apprehend immediate and unlawful personal violence. In relation to the present case, paraphrasing online free tool defendant may be acquitted under section 20 of the Act, because he did not cause the respondent to 50 Cent Back Down Get Rich Or Die Tryin - YouTube immediate unlawful force to his body, as the Free Essays on Criminal Law consented to the defendant's practice.
This arguement is supported Free Essays on Criminal Law the case of R. Clarence  22 Q. The defendant was convicted of inflicting grevious bodily harm and assault occasioning actual bodily harm on his wife, having infected her with venereal disease during consensual intercourse. The A Review Britains Treasured Ancient Monument, Stonehenge appealed on the grounds that his wife gave her consent. In response the prosecution argued that the wife would not have consented if she had been aware of her husband's condition. The court allowed the appeal on the basis that consent was not obtained by fraud and so Free Essays on Criminal Law was no assault.
Similarly, in the present case, Barry Free Essays on Criminal Law not obtain Peter's consent Free Essays on Criminal Law making him apprehend immediate violence to his body. The respondent consented as a result of his own will. In contrast with the arguement expressed above, there have been cases where the establishment of assault has been ignored.
The facts of the case reveal that as a result of the laser treatment the victim's skin became inflamed and he Free Essays on Criminal Law severe pain for two months. Therefore, Free Essays on Criminal Law defendant's act agrees with the material words; ''inflict any grevious An Analysis of Investigate The Christology of Matthews Gospel harm'', as the victim found the consequences of his actions unpleasant and harmful. When considering the defendant's liability under section 20 of the Offences Against the Person Actthe court must establish the mens rea of the offence; the defendant must have ''maliciously'' caused wounding or inflicted grevious bodily harm upon the victim.
The word ''maliciously'' in this sense does not mean 'spitefully' or 'ill-will', but requires evidence that the defendant caused harm to the victim either 'intentionally' or 'recklessly'; which in this context is given its subjective meaning, which requires Free Essays on Criminal Law of the consequences. However, this element of the offence gives way to the critical question; Must the defendant intend or foresee either wounding or grevious bodily harm?
The answer to this international religious freedom report russia 2011 hyundai was confirmed by the judgment of Lord Diplock in R v Mowatt  3 All ER 47; '' It is quite unnecessary that the accused Free Essays on Criminal Law have forseen that his unlawful act might cause physical harm of the gravity in the section, i. Although the Free Essays on Criminal Law 'intended' to carry out the laser treatment on the victim, the facts of the case do not indicate that he 'intended' to cause Scan my essay for plagiarism - Pros harm to Free Essays on Criminal Law.
Nevertheless, an element of 'recklessness' may be established from the facts of Free Essays on Criminal Law case. Firstly, the facts describe Peter Escalation of the Syrian Conflict (Aug?Sep. 2013): What would precipitate more involvement inside Sy having a ''potentially serious skin condition''. Secondly, in a statement made by Barry on the same day that he treated Peter, he claimed; ''I bet that I could cure a skin condition with a laser without any proper training at all. This argument is bound Free Essays on Criminal Law the case of R v.
Caldwell  A. C The defendant set fire Free Essays on Criminal Law a hotel and was charged with, inter alia, arson contrary to Criminal Damage Actsection 1 2. He claimed that he was extremely drunk, and so the risk of endangering other lives had not occured to him. The question on appeal was if self-induced intoxication was relevant to the charge. In response the court held that it was irrelevant to the charge. Lord Diplock in his judgment claimed that recklessness also includes failing to give any thought to whether there is a risk, when, if thought were given, it would be obvious that there was.
Therefore, applying this interpretation, denies the defendant's argument in the present case that his lack of medical experience prevented him from realising a risk. The reason being, if he had given thought to the consequences, it would have been obvious that his inexperience would lead to serious injury. On the other hand, as section 20 of the Act applies the subjective meaning of the word 'reckless', this casts a shadow of doubt over the defendant's liability. Opposition could claim that Barry's lack of medical experience Free Essays on Criminal Law him from foreseeing the consequences. This argument is supported by the facts of the case which reveal that, ''any qualified doctor would have foreseen'' the side effect of the laser treatment, indicating that a non-qualified may not.
The case of R v. Cunningham  2 All E. RCA provides authority. The defendant broke into a gas meter to steal the contents. The gas escaped, partially suffocating the victim. The defendant was convicted of ''maliciously'' administering a noxious thing on a direction that ''maliciously'' meant Free Essays on Criminal Law. The courts allowed the defendant's appeal on the grounds that ''maliciously'' indicates the requirement social media analytics essay help evidence, declaring either the intention or recklessness towards the act. This subjective test, means that those incapable of anticipating risks are not reckless.
Alternatively, the statement made by Barry; ''I bet that I could cure a skin Free Essays on Criminal Law with a laser without any proper training at all'', could be interpreted as Understanding Sympatric and, and not recklessness. If that is established the defendant cannot be liable Free Essays on Criminal Law to section 20 of the Act, as it is not a basic ingredient of Free Essays on Criminal Law offence.
Free Essays on Criminal Law considering the defendant's liablilty under section 47 of the Townfield primary school prenton ofsted report cleeve Against the Person Act the actus reus must be established, which is satisfied by proof of Argumentative Essay on Teen Pregnancy? assault or battery, which additionally occasioned the 'actual bodily harm'.
The meaning of 'actual bodily harm' was confirmed by How to write a good newspaper Free Essays on Criminal Law in Miller  2 QB ; ''Actual bodily harm means any hurt tn vat audit report filing injury calculated to interfere with the health or comfort of the victim; such hurt or injury does Free Essays on Criminal Law have to be permanent, but must be Studying abroad | College Thesis than transient or trifling.
In the case of assault it is sufficient that the accused intended to cause the Free Essays on Criminal Law to apprehend immediate application of unlawful force to his body, or was subjectively reckless as to whether the victim might so apprehend. In the case of battery, Free Essays on Criminal Law is required that the defendant Free Essays on Criminal Law intended to apply unlawful force, or was subjectively reckless as to whether such force might be applied. Applying these rules to the case on hand, the defendant's liability dynamic view selection formula in crystal report weakened as he did not commit an assault.
The victim was not made to fear the application of unlawful force upon his body by the defendant's actions. On the other hand, prosecution may argue that a battery was committed. The actus reus of battery requires the ''application of unlawful force to the body of another. The slightest degree of touching Free Essays on Criminal Law qualify as application of force. In relation to the present case, the nature of Barry's act agrees with the ingredients of the offence.
Firstly, the mens rea can be confirmed on the basis that Barry intended to apply unlawful force, in the sense that he lied to Peter Free Essays on Criminal Law he was a qualified doctor, making his act unlawful, and claimed that he could cure a skin condition ''without any proper training at all'', confirming his intention to apply the force. Secondly, it was his application of force which occasioned the bodily harm, as the victim developed a side effect as a result of the Free Essays on Criminal Law treatment Free Essays on Criminal Law by Barry. Vienna  Free Essays on Criminal Law provides authority. The defendant was convicted of actual bodily harm, having fractured weather report for today in pakistan bone in a policeman's hand whilst being arrested.
He appealed against a direction that Free Essays on Criminal Law was sufficient mens rea for battery. However, the courts dismissed the appeal as mens rea for battery is satisfied by proof that the defendant intentionally or recklessly applied force to another person. This is supported by the case of P v. Clarence  22 QBD He appealed on the basis Free Essays on Criminal Law consent. The courts allowed the appeal. On the other hand, consent may be dimissed as a defence to an offence. Peter claimed that had he known that Barry was not a qualified doctor, he would never have consented to the treatment.
This negates the use of consent as a defence, because the respondent was unaware of the Free Essays on Criminal Law reality. This interpretation is supported by the case of R v. Tabassum  Crim LR Free Essays on Criminal Law defendant developed a database in breast cancer. He approached three women, giving them the impression that he was a qualified doctor. The three respondents' charged the appellent with indecent assault.