... child of either sex under sixteen years of age shall not constitute a defence"3. If Tiny's injury was not caused during a sporting competition, where each participant consented according to the rules of the game, Newly would have been liable for causing actual bodily harm under s.47 of the Offences against the person Act 1861. In order for the actus reus to be satisfied under s.47 it has to be proved that there is an assault which caused an actual bodily harm. Similarly in Taylor v. Granville4 where the defendant struck the victim in the face, Newly caused an actual bodily harm to Tiny damaging his eye. Consequently he could have been convicted under s.47. Even though he had no intention in causing such an injury, for s.47 to apply no mens rea is necessary to be proved and he could be held liable. Nevertheless, and since the Tiny's harm was ...

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