Law And Justice

Leon essay The first offensive that Leon is liable for is the possible ball over to Michael causation actual bodily harm. Firstly we must enhance the assault or battery in order to chuck out that Leon whitethorn be liable for s47 ABH. An assault is a abbreviation offence under s39 of the criminal justice act 1988. The actus reus is to typesetters cheek the victims to awe immediate unlawful violence. Immediate message impendent as pointed out by smith v. Cc of Woking, it means in the near future. In this case Leon has possibly attempt Michael to timidity violence in the near future as he has threatened to release his strong and aggressive dog. This would plainly cause Michael to panic some sort of unlawful violence as a strong and aggressive dog who was in a frenzy is to the highest degree liable(predicate) to elicit fear into most people. The mens rea of an assault is to intend or to be reckless as to whether fear is caused. In this case it is most likely that Leon mean Michael to fear immediate unlawful violence. This is because he gestured to Michael as if he was going to release his strong and aggressive dog. This was receivable to the circumstance that Michaels dog was barking at him and he became overwhelmed with feelings of anger. It is likely that he would prolong lossed to cause Michael fear to make him control his dog. However, Leon whitethorn also be have been reckless.

He we can select to the Cunningham subjective recklessness test, in that Leon would have realised the chance that threatening Michael with a strong and aggressive dog may cause Michael to fear immediate unlawful violence. This now enables us to prove the s47 ABH . Here the actus reus and the mens rea of th! e offence are the similar for the assault as discussed above and the defendant does not pauperism to have intended the ABH. ABH is defined under Donovan as all(prenominal) hurt or injury calculated to interfere with the wellness and comfort of the victim. In this case, the fact that Leons dog has savaged Michaels leg is in spades enough to constitute this. Actual bodily harm has been caused as...If you fatality to get a full essay, order it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay