Criminal Liability and GBH Problem Question

Criminal Liability and GBH Problem Question From a brief review of the facts it seems that Aisling may be charged for criminal liability under non-fatal offences against the following; Charles, Bernadette Dan. However, Aisling must realize that the prosecution would have to prove each and every element of the beyond reasonable doubt, Woolmington v DPP[1]; which is a very high standard to achieve. S.39 of the Criminal Justice Act (CJA) 1988[2] defines common assault battery as summary offences, and consequently a person proven guilty of either is liable to a fine and/or imprisonment for not more than 6 months. The prosecution, will likely assert that Aislings words constituted an assault to Charles. For such a charge to carry any liability, the prosecution will have to prove that Aislings intentional words caused Charles to apprehend impending unlawful force. The House of Lords (HOL) made it clear in Ireland [3], that words can on their own constitute an assault; as per Lord Stern. Moreover, Aisling cannot take up the defense , that she did not intend to threat Charles, but rather just wanted Charles to leave; consequently, her act of saying the words is enough evidence for a charge of assault, Logdon v DPP [4]. However, in this case, the whole conviction rests on the fact that did the victim apprehend immediate unlawful personal violence? because if Charles did not feel threatened at any moment during his conversation with Aisling, then such a conviction may not stand against the defendant. The court cleared that in situations where an assault to person is not possible, words alone could not suffice to carry any liability; Tuberville v Savage [5]. Conversely, it is necessary to understand that for a charge of assault, it is essential to prove that the victim had an appreciation of imminent harm from the defendant; it is not enough to show that as the result of the defendants actions the victim developed fear that they might be harmed on some time later in the future. Thus, it seems unlikely that such a charge would carry any liability under s.39 CJA 1988. Lastly, the prosecution must prove that Aisling either intended or was reckless to the fact that her words could apprehend imminent unlaw ful violence to Charles; Venna (COA)[6] affirmed by HOL in Savage and Parmenter [7]. This seems quite self-evident given the fact, that she intended to use those words so that Charles would leave the birthday party. As for Aislings criminal liability towards Bernadette; she may be charged on two accounts; firstly, the injury to the foot, sustained by Bernadette; Aisling may be charged under s.20 OAPA for maliciously wounding or inflicting GBH. For such a charge the prosecution must prove that the defendants actions or omissions, wounded the victim; and as per the decision in C (a minor) v. Eisenhower[8], wounding entails à ¢Ã¢â€š ¬Ã‚ ¦ a break in the continuity of both layers of the skin. Both the dermis and epidermis must be broken. However, it is noteworthy to mention that generally, minor wounds are charged under s.47 OAPA, but considering the evidence that Bernadette lost a lot of blood and required ten stiches, it is fair to assume that this criminal charge will fall under s. 20 OAPA. As far as the Mens rea is concerned, the prosecution must establish that Aisling either intended or was reckless to the fact of causing the injury/ies. Lord Diplock in Mowatt[9] made clear the correct interp retation of maliciously; and later affirmed by the HOL in Savage Parmenter[10]; that it does not matter whether the accused foresaw that their unlawful act could not cause harm to such a gravity, i.e. serious harm. All that was essential was that the accused anticipated à ¢Ã¢â€š ¬Ã‚ ¦some physical harm to some person, albeit of a minor characterà ¢Ã¢â€š ¬Ã‚ ¦. And from the facts, it is palpable that Aisling noticed the broken glass and the danger it may cause to the guests who were about to play blindfolded, but neglected the danger which she created, anyways. Such recklessness is covered by the test laid down by Lord Diplock. And, in Caldwell[11] Lord Ackner affirmed that the prosecution must prove the defendants intention or foresight, of his actions causing harm. Aisling second charge will be for the punch, which although was meant for Dan but landed on Bernadette; s.47 OAPA Assault occasioning actual bodily harm (ABH) provides for imprisonment for a term not exceeding 5 years. The prosecution must firstly, establish that there was a common assault, both assault and battery; DPP v. Little[12]; and this assault or battery resulted in occasioning ABH to the victim. Here, Aisling tried to punch Dan, but he ducked and the punch was received by Bernadette, which is battery; the actual unlawful force towards the victim, without their consent, Fagan v MPC[13]. The prosecution must establish that there was an application of force; Collins v Wilcock[14]; Goff LJ stated à ¢Ã¢â€š ¬Ã‚ ¦ that every persons body is inviolateà ¢Ã¢â€š ¬Ã‚ ¦. Any touching of another person, however slight may amount to a battery. ABH is defined in Miller[15], as including any hurt or injury calculated to interfere with the health or comfort of the victim. The 1994 Charging Standards guidelines provides a scale to determine ABH [16]. Secondly, the persecution must establish causation; that the application of force, occasioned the bodily harmed suffered by the victim. The test to establish legal causation would require the prosecution to prove that Aislings actions; i.e. punching, was the operating substantial cause of the suffering to Bernadette; Pagett Cheshire[17]; which is evidenced by the fact of the eye bruising and discomfort which lasted for 3 days. However, it must be noted that Aislings defense cannot rely on the fact that Aisling never had the necessary mens rea of punching Bernadette, as the doctrine of transferred malice will come into play and effectively transfer the mens rea of the offence from Dan to Bernadette; Latimer[18] where the defendant was held liable for injuries to a third party bystander, when the accused tried to hit the original victim but missed had hit another third party bystander. Aisling intentionally hit Dan with a vase on the head, because of the remarks he passed on her; thereby causing head injuries which caused Dan to suffer a coma for several weeks. The prosecution will push for a conviction under s.18 OAPA GBH with intent. They will, first have to prove that Aisling inflicted or caused the injuries to Dan; Wilson[19], thus it must be proved that was the defendants actions were the operating substantial cause for the injuries sustained by the victim; Cheshire[20]. Secondly, the prosecution will have to establish that the harm suffered by Dan was really serious harm, as per the HOL in DPP v. Smith[21]. Thus, in Bollom [22], the COA held that the jury must consider the age, health and the entirety of the injuries; in deciding whether the injuries sustained were grievous or not. The 1994 Charging Standards provides guidelines to determine GBH in injuries [23]. Lastly, the prosecution must establish Aislings necessary mens rea and must prove that she inte nded to cause serious harm/ GBH to Dan. As it is factually evident that she hit the vase with full force, at Dans head, it is presumable that she must have foreseen some really serious harm coming to Dan. But for a conviction under s.18 OAPA, specific intent to cause grievous bodily harm or to resist arrest is required and recklessness or foresight is not sufficient. Similarly, in Ismail[24]; the court found the defendant liable for GBH with intent, where he threw acid on the victims face, thereby causing injuries and blinding. Ultimately, it will be up to the jury to decide the question of intention guided by these principles, finding Aislings criminal liability towards Dan. (1301 Words) Bibliography Criminal Law: Text, Cases, and Materials By Jonathan Herring, 6th Edition. [1] Woolmington v DPP [1935] AC 462 [2] Section 39 of the Criminal Justice Act (CJA) 1988 http://www.legislation.gov.uk/ukpga/1988/33/section/39 [3] R v. Burstow, R v. Ireland [1997] UKHL 34 [1997] 4 All ER 225, [1997] 3 WLR 534, [1998] 1 Cr App R 177, [1997] Crim LR 810. [4] Logdon v DPP [1976] Crim LR 121 (DC). [5] Tuberville v Savage [1669] EWHC KB J25, (1669) 1 Mod Rep 3, 86 ER 684 [6] Venna (COA) [1975] 3 All ER 788 (CA). [7] Savage and Parmenter [1992] 1 AC 699, 736, per Lord Ackner. [8] C (a minor) v. Eisenhower [1984] QB 331 [9] R v. Mowatt [1968] 1QB 421 [10] Savage and Parmenter [1992] 1 AC 699, 736, [11] R v Caldwell [1982] AC 341 [12] DPP v. Little [1992] QB 645 [13] Fagan v MPC [1969] 1 QB 439 [14] Collins v Wilcock [1984] 3 All ER 374 [15] R v Miller [1954] 2 QB 282 [16] à ¢Ã¢â€š ¬Ã‚ ¦loss or breaking of teeth, temporary loss of sensory function, extensive or multiple bruising, broken nose, minor fractures or minor cuts requiring stitches. The 1994 Charging Standards http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a03 [17] R v Pagett (1983) 76 Cr App R 279 R v Cheshire [1991] 3 ALL ER 670 [18] R v. Latimer (1886) 17 QBD 359 [19] R v. Wilson [1984] AC 242 [20] R v Cheshire [1991] 3 ALL ER 670. [21] DPP v. Smith [1961] AC 290 [22] R v. Bollom [2004] 2 Cr App R 6, [23] à ¢Ã¢â€š ¬Ã‚ ¦resulting in loss of sensory function, à ¢Ã¢â€š ¬Ã‚ ¦ injuries with substantial loss of blood, injuries requiring lengthy treatment or incapacity, severe internal injuries and those resulting in significant disablement of the victim, whether temporary or permanent. The 1994 Charging Standards http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a03 [24] R v Ismail (1991) 13 Cr App R (S) 395, CA

The Portrayal of War in Charge of the Light Brigade and Dulce et Decoru

The Portrayal of War in Charge of the Light Brigade and Dulce et Decorum Est Both "Charge of the Light Brigade" by Alfred Lord Tennyson and "Dulce et Decorum est" by Wilfred Owen are poems about war. However, they were written in two very different contexts and about two very different wars. Charge of the Light Brigade describes a doomed cavalry charge made by British soldiers during The Battle of Balaclava in the Crimean War (1854-1857). Dulce et Decorum est, on the other hand, tells the story of a group of soldiers who were caught in a gas attack returning from the trenches of World War I (1914-1918) towards their "distant rest". Alfred Lord Tennyson was the "Poet Laureate" at that time and wrote the poem after reading about The Battle of Balaclava in the "Times" newspaper. This could have influenced how he portrayed the battle as he used secondary information which could be unreliable. In contrast, Wilfred Owen had first hand battle experiences from World war I, and so you would expect his information to be more reliable, However he could have emphasised certain points for poetic effect. In Dulce et Decorum est Wilfred Owen uses a variety of similes metaphors and other poetic techniques to describe the actions, appearance and mental states of the soldiers. Owen describes the soldiers as "Bent double, like old beggars under sacks, knock-kneed, coughing like hags", this simile shows that the war has had a very large effect on the soldiers as it gives the impression that they have aged prematurely and are in a very bad state of health. Owen also says that they limped on "blood-shod, all went lame, all blind", also giving the impression that the soldiers are in a very bad state of health, this emphasi... ...rge of the Light Brigade Tennyson gives the impression that the British soldiers were fighting a loosing battle. Tennyson gives the impression to the reader that he is not against the war even if they were going to loose but he still praises the soldiers for what they did. In Charge of the Light Brigade Tennyson contradicts Owens views, and instead says that it is honourable to die for ones country even if you loose the battle. In general I prefer Dulce et Decorum est because of what the poem stands for, Dulce et Decorum est give the views that war is a terrible thing and Owen is very against it whereas Tennyson seems to be a lot more pro war. Works Cited L. Bensel-Meyers. Literary Culture: Reading and Writing Literary Arguments. New York: Pearson Custom P,2000. Napierkowski, Marie Rose and Mary K Ruby. â€Å"Poetry for Students.† Vol 1 Detroit: 1998.

Iranian Protest Music

There are a few reasons that I would like to point out as the â€Å"goals† of the presentation. After studying about Iranian Protest Music I feel that it is a good topic to educate yourself on, or more like protest music in general is a good topic to know a little about. One of the goals was to educate our peers on what exactly Iranian Protest Music is, why it happens, and how it is done. We want them to know the history behind it such as how it dates back to the revolution back in 1979.This played a role in the publicity of the protests. We also wanted them to know about the most recent uproar† with the protests in Iran. It is crucial in this topic to know about the protests during the election that happened in 2009, and the reasoning behind it. The Iranians didn't like the fact that Maidenhead was supported by the U. S. So they were protesting the fact that his name was on the ballot. We also wanted them to know that it happens day and night, and what exactly the sligh t differences are between the two.The daytime is for the ones who don't mind being in the limelight, whereas the nighttime chants are more for the ones who don't necessarily want to be associated with the protests. Another topic that we wanted to touch and talk about was the movie Yard-e- Debating-e-Man. This was a very meaningful video that kind of shows the soft side and the â€Å"heart warming† side of the protests. It shows the fact that two people were best friends as children, but life took them on two completely different paths.One went down the path of law enforcement, and the other went down the path of the protesters, two different sides of the fence. Once the masks are taken off though, and they recognize each other, they rekindle those memories, which in my mind kind of wows how everyone is a person, no matter which side of the fence you are on, we all bleed the same. One other point that I believe was crucial, yet a tad graphic, was showing the video with the son g â€Å"Need† from the popular singer Shania Nasal in the background.I don't believe that many people; Americans in the majority realize how serious and violent these protests are. They don't realize that being associated with it can get you killed, and taking part in the protests can do the same. These arena a Joke, and I think that it is a big point to realize. Now on to how it went. Overall I think that it went well, and the information was taken well. I think that they truly understood the history behind the protests, and how they work, day and night. The Powering went over well but in hindsight I think that we should have utilized the Powering more than what we did.We believed that the more information that we had was better, which was true, but I think that if we would have had more slides it may have all been easier to understand and comprehend what we are trying to explain. One thing that I regret the most about the Powering is that we didn't use a map, which was a hu ge mistake in my opinion. It was simple to explain in our eyes because we had studied it for awhile, but I know that I am a visual learner, and without the map to show the exact place that we were talking about I believe that it was tougher to understand.With the video that I talked about earlier in the â€Å"goals† section I believe that it was a hit. We were under the mindset that the video at the end was crucial to the presentation, but we had no idea that it would be the main focal point. We spent more time on the video than we expected but it was good to be able to show our peers a video that was and is a big part of the protests. It is a cartoon that is very simple to follow along with and understand what the message is that's being portrayed.One of the biggest things that I would change if I could is showing the graphic scene that went along with the video. The intent behind it was purely educational, but in hindsight it may have been a tad graphic for the classroom. T hat being said though I believe that it came across in a very serious manner, and it was taken the way we wanted it to be, to help them realize how truly horrible the scene of a protest can become. It is not Just a disagreement but it is people that are very seriously outing their life on the line for the cause, and are willing to do whatever it takes to have their views seen.Overall I think that the presentation was very effective. I think that they took the information that we had to offer well, and can understand more about Iranian Protest Music as a whole. Though there are things that I wish we could change for sure, the biggest would be to dive more into the history. We defiantly had it in there, but I wish we would have emphasized it more than we did. We focused more on the present issue with the election, but I believe that the history is crucial as well.

The Effects Of Stress On Alcohol Consumption - 2606 Words

The effects of stress on alcohol consumption since the start of nursing school Alcohol is chemically described as â€Å"a colorless, volatile, flammable liquid that is the intoxicating constituent of wine, beer, spirits and other drinks, and is also used as an industrial solvent and as fuel.† Humans have been making and consuming alcohol for at least 11,000 years (Brice, 2012). Alcohol is a central nervous system depressant, thought to enhance the action of GABA in the brain, an inhibitory transmitter (Lilley, Rainforth Collins, Snyder, 2014). As a CNS depressant, alcohol slows down reaction times and thought processes, slurs speech, can depress respirations, causes warm, flushed skin, hypotension, cause nausea, confusion, copious thirst and vomiting (Lilley, et al, 2014). In addition to these physiologic effects, the main recreational use of alcohol is for relaxation. Though it has no legitimate medical use when ingested, many people use it for its â€Å"therapeutic† effects (Lilley et al, 2014). Unfortunately, long term use can cause addiction, which can lead to nutrition and vitamin deficiencies, withdrawal seizures, cardiomyopathy, fetal alcohol syndrome, cirrhosis, and eventually liver failure (Lilley, et al, 2014). College students are a notable population that use alcohol simultaneously as a social lubricant and tension reliever. Factors such as peer pressure and academic anxiety contribute to alcohol use in young college students. 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