Case 101 Essay

697 words - 3 pages

Sunita as DefendantSunita (S) could be charged with attempted murder, s. 47, s. 20, s. 18 of Offences Against The Person Act 1861 (OAPA 1861).Attempted murder is a crime of specific intent to kill. Prima facie the intention to kill seems very remote.S. 47 involve assault occasioning actual bodily harm (ABH). The Actus Reus of the offence is (a) an assault, i.e. any act which causes the victim, in this case Barbara (B), to apprehend an immediate infliction of violence or the actual infliction of violence (b) occasioning (c) bodily harm. Both S's shouting and throwing of the paper weight would be considered as an assault. Occasioning would be taken as "causing". The main issue here is whether B's ducking breaks the chain of causation. By 'but for test' it could be established that the harm (cut forehead) had the causal link with S's act (Mackie/Roberts). Actual bodily harm was defined rather loosely in Donovan as any hurt or injury calculated to interfere with the health or comfort of the victim; ….must be more than transient or trifling. The jury is to decide ABH. Prima facie cut in the forehead could constitute ABH.The mens rea for s. 47 is mens rea for common assault, intention or recklessness. It must be proved without reasonable doubt that S foresaw the risk of causing B to apprehend the application of violence (Venna). No mens rea is required as to causing actual bodily harm. All that is needed to be proven is the causal link between the assault and the harm (Savage, Parmenter). S would likely be liable with necessary MR.S could also be charged with s. 20 of OAPA 1861. Under this section offence is committed where the defendant unlawfully and maliciously wounds or inflicts any grievous bodily harm, either with or without a weapon or instrument, upon any other person. Actus Reus requires wounding or inflicting grievous bodily harm. Wounding requires break in the surface of the skin penetrating it's both layers (a scratch or break...

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