negligent medical treatment in this case was the immediate cause of the victims death but This rule continues to be strictly applied in determining whether an injury is best described as actual bodily harm, grievous bodily harm or wounding under s. 18. The jury in such a circumstance should be directed that they may infer intent, but were not bound to infer intent, if both these circumstances are satisfied. Where the defendants purpose was other than to cause serious bodily harm or death to another then the jury may infer intent if the consequence of the defendants act was a natural consequence, and the defendant foresaw that this was a natural consequence of his act. Mr Williams and Davis appealed. [2]Intention can be divided into two sub categories: direct intent and indirect/oblique intent. App. commercial premises.. .being reckless as to whether such property would be damaged. The Decision It should be explained to the jury that the greater the probability of a consequence occurring, the more likely that it was foreseen, and the more likely that it was foreseen, the more likely it is that it was intended. Where consensual activity has taken place in the privacy of ones home, and is has not serious or extreme in nature, a defence of consent is valid against s 47 of the Act and it is not a proper matter for criminal investigation. inflicted: (ii) to a mother carrying a child in utero. He believed she was dead and threw her body into a river. The Court found the defendant not guilty of wounding, determining that a charge under s. 18 required that there be a break in the continuity of the skin, that is the whole skin and not merely a scratch to the outer layer of the skin. At Whether psychiatric injury could be classified as bodily harm, as per s. 18, s. 20 and s. 47 of the 1861 Offences Against the Person Act. Alleyne v. United States | Case Brief for Law Students Key principle R v Hales[2005] EWCA Crim 118 4 One of the pre-requisites for such an application was that it must be shown the evidence was not available at the initial trial stage. No medical evidenced was produced to support a finding of psychiatric injury. The defendant approached a petrol station manned by a 50 year old male. He was thus allowed the defence to reduce the murder conviction to manslaughter. following morning. [23]Alan Norrie addressed this issue:[24], the Houses view in Woollin departs from a previous reluctance to recognise that Hyam could not stand with the later cases. The appeal was dismissed. The statement relating to foresight made by Lord Denning in Gray v Barr was erroneous and not binding in the criminal division of the Court of Appeal. It penetrated the roof space and set alight to the roof and adjoining buildings causing about 1m worth of damage. Facts: The appellant set the letter box of the house on fire. However, the defendant's responsibility was not found to be substantially impaired. Further, when criminal investigation or conviction is required where consensual activity between a couple occurs in the privacy of their own home.
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