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Discuss the criminal liability for an offence against the person of Reena in respect of Chloe and Miles and of Eric in respect of Reena.

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Introduction

Discuss the criminal liability for an offence against the person of Reena in respect of Chloe and Miles and of Eric in respect of Reena. Paragraph One The charges that can be brought against the accused depend on the injuries caused to and suffered by the victim. In the case of Chloe, who has only suffered bruises and scratches - which can be categorized as minor injuries, Reena can be charged with the common assault known as a battery, which is defined by Section 39 of the Criminal Justice Act. The Actus Reus of Battery is the application of unlawful force to someone else. The applying of force does not necessarily have to be personal contact; for e.g. just touching another's jacket may constitute the offence of battery as long as the other feels it. This can be seen in the case of Cole v Turner, the slightest degree of force, even the mere touching will suffice for a battery. The definition of force in this context would be the application of strength or energy. If these is no application of force there cannot be a battery. ...read more.

Middle

This is regarded as a serious injury as we learn from his psychiatric who states he may not recover. In the process of escaping Miles also suffers shock and "twists his ankle." Both of these are regarded as minor or moderate injuries. Reena can be charged with aggravated assaults under section 47 of the Offences Against a Persons Act (1861), which is not limited to an assault but includes a battery as well. From the facts there is no suggestion that Miles or anyone else in the club was threatened with any kind of unlawful attack therefore it would rule out any charges involving assault. The Actus Reus of an assault is to cause the victim to apprehend application of unlawful force. In this case Miles fears an attack of fire not of any personal attack thus Reena's conduct cannot be one of an assault. As the House of Lords made it clear in Ireland, an assault involves a perceived threat of immediate and unlawful violence, not just conduct that upsets or frightens the victim. The next offence under s. 47 is that of a battery ensuing in actual bodily harm. ...read more.

Conclusion

The case of Constanza especially demonstrates how the courts have stretched the term 'immediate' to mean an apprehension of force sometime in the near future thus making certain changes in the requirement of the apprehension on immediate force. In Ireland this term is stretched even further to allow an assault if the victim feared any 'possible' immediate force. Immediacy in itself originally meant without delay however these cases demonstrate how the nature of the word has been changed to be imminent, meaning liable to happen soon. It can be found that there is a obvious direct intent to make Reena feel threatened given the fact that he is Miles partner and that it was her conduct that led to the developing of the illness. It would clearly be a way of stating that he has not forgiven her for her previous conduct and would want to see her suffer also. If Eric's conduct causes Reena to apprehend any application of unlawful force then he can be convicted on the basis that he satisfies the Mens Rea of intentionally or recklessly causing her to feel as such. Word Count: 2023 Criminal Law - 1 - ...read more.

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