Criminal Law

(a) Firstly, before moving on to criminal liability, I would convertible to start with the hurt hitd. The pervert caused is Katie visitting her foot, and shortly afterward bonnie diagnosed with human immunodeficiency virus from the infected syringe left by Ned. The early scenario concerns s.18 discourtesys against the person Act 1861, as there is an pattern to cause GBH. A s.18 offences against the person act 1861, can be define as, whosoever shall unlaw wide of the marky and maliciously by some(prenominal) essence whatever appall or cause any fleshy vivid harm to any person, with roleto do some(a) wicked material harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of an offence and shall be presumableto imprisonment for life. I will now like to address the Actus Reus of s.18. This is where the defendant wounds or unlawfully causes grievous corporate harm to the victim. The terms wound an d grievous bodily ham is the alike(p) for an s.20 offence. A wound necessitates that the perseveration of the whole skin be broken. Grievous bodily harm means nothing to a greater extent technical than really serious bodily harm. It is clear that internal injuries and infecting a person with a disease such as HIV can also amount to grievous bodily harm.

Whether any particular injury amounts to grievous bodily harm is a question of fact to be determined by the jury. The Actus Reus with regards to Ned is his not only wounding Katie, as the needle cut her foot, notwithstanding it is more serious of an offence than just wounding, as because the syringe was in! fected, and she had been diagnosed with HIV, so we are dealing here with a GBH with regards to Ned, as he foresaw the possibility of harm being omitted. We admit formal the Actus Reus with regard to Ned, now I would like to deal the Mens Reus element. there are two mens rea element contained within s.18; the offence must be committed maliciously and with intent. In simile to intent, the defendant must either intend grievous bodily harm or...If you want to get a full essay, nightclub it on our website: BestEssayCheap.com

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