By Michael Bryant
This quantity includes notes on all significant instances in felony legislations. The e-book covers all significant themes on a degree and undergraduate classes in legal law,including murder, non-fatal offences opposed to the individual, sexual offences, robbery and different estate offences. major instances on statutory and customary legislation defences equivalent to intoxication, duress and provocation also are coated. The booklet strains universal legislations advancements within the legislations when it comes to mens rea concerns similar to recklessness and gross negligence in addition to degrees of felony legal responsibility together with tried offences and complicity. those short notes on the entire major instances in felony legislations could be worthy as concise courses to scholars in any respect degrees at the complicated and infrequently complicated improvement of precedent in English felony legislation.
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Per Geoffrey Lane LJ: The duty which the defendant has undertaken is a duty of caring for the health and welfare of the infirm person. What the prosecution have to provide is a breach of that duty in such circumstances that the jury feel convinced that the defendant’s conduct can properly be described as reckless, that is to say, a reckless disregard of danger to the health and welfare of the infirm person. Mere inadvertence is not enough. The defendant must be proved to have been indifferent to an obvious risk of injury to health, or actually to have foreseen the risk, but to have determined nevertheless to run it.
Held D was not guilty of assault causing grievous bodily harm with intent, contra to s 18 of the Offences Against the Person Act 1861. The jury was misdirected as to whether D intended the resulting injury. Note The Court of Appeal did not determine whether such psychiatric injury could constitute grievous bodily harm. 1, below. 1, above. 2 Mens rea of intentionally or recklessly causing some physical harm Mowatt (1967) CA V seized D by the lapels and demanded to know where D’s companion had taken off to with V’s money.
The Offences Against the Person Bill 1998 is currently passing through the legislative process. It will simply update the definitions of the offences described above. The three new offences, which will replace the old ss 18, 20 and 47, are: ‘intentionally causing serious injury’; ‘recklessly causing serious injury’; and ‘intentionally or recklessly causing injury’. 4, below, for consent to rape and sexual assault. Coney (1882) QBD Per Stephen J: The principle as to consent seems to me to be this: when one person is indicted for inflicting personal injury upon another, the consent of the person who 35 BRIEFCASE on Criminal Law sustains the injury is no defence to the person who inflicts the injury, if the injury is of such a nature, or is inflicted under such circumstances, that its infliction is injurious to the public as well as to the person injured.
Criminal Law (Briefcase) by Michael Bryant