Criminal Law

(a) Firstly, before moving on to criminal liability, I would similar to start with the hurt precedentd. The scathe caused is Katie visitting her foot, and shortly afterward befitting diagnosed with human immunodeficiency virus from the infected spray left by Ned. The primary 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 defined as, whosoever shall unlaw wide of the marky and maliciously by any(prenominal) essence whatever tease or cause any fleshy inherent harm to any person, with roleto do some(a) wicked tangible 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 incarnate harm to the victim. The terms w ound and grievous bodily ham is the alike(p) for an s.20 offence. A wound necessitates that the tenacity of the whole skin be broken. Grievous bodily harm means nonhing to a greater extent technological 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, only if it is more serious of an offence than just wound ing, as because the syringe was infected, an! d 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 launch the Actus Reus with regard to Ned, now I would like to deal the Mens Reus element. on that point are two mens rea element contained within s.18; the offence essential 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, erect it on our website: OrderCustomPaper.com

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