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Non Fatal Offences Against The Person Essay

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Non Fatal Offences Against the Person Act 1997 section 2 states : " A person shall be guilty of the offence of assault who without lawful excuse intentionally or recklessly :a)directly or indirectly applies force to or causes an impact on the body of another causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact without the consent of the other " . Following this with the incident between Murt and Bernie , Murt agrees to take part in an incident that could cause harm to himself as well as impact from the body of another . However in section 3 A person who assaults another causing him or her harm shall be guilty of an offence . Section 4 then states a person or intentionally …show more content…

In R v Flynn 1867 the incident was for manslaughter and the prisoner was charged with having killed John Tracey . From the evidence shown , a fight took place between a prisoner and his friends on one side and the deceased and his friends on the other . Both were throwing stones and sticks at each other .After the fight the prisoner threw a stone at the deceased which struck him on the forehead over the right eye and knocked him down . The deceased then got up and went into the public house . He went to bed and the next day was feeling a bit weak and tired.Two days following this he past away. There was insufficient evidence for the jury to establish the death of the deceased was caused by the throwing of the stone.The doctor says in terms that the blow was the cause of death Except there was nothing in the evidence to cause injury except the blow . The doctor says the injury could have been caused by a fall but there was no evidence of a fall except what was caused by the blow The doctor says that by a short chain of causation , the blow caused the fracture and the fracture caused the death. It can be argued that there was a chain of causation in Murt and Bernies situation.Bernie colliding with Murt caused the pain in Murt's tooth which lead to it having to be removed

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