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Words: | Submitted: Mon Jun 19 2006
... expected. This is termed as constructive liability. Section 20 of the Offences Against the Person Act reads; '' Whosoever shall unlawfully and maliciously wound or inflict grevious bodily harm upon any other person....shall be guilty of that offence, and being convicted thereof shall be liable....to imprisonment for a term not exceeding five years.'' In order for the court to convict Barry contrary to section 20, the actus reus of the offence must be established; unlawful wounding or unlawful infliction of grevious bodily harm. Firstly, a wound is formed when the whole continuity of the skin is broken. Therefore, a scratch which does not break the inner skin, or an internal rupture of blood vessels, does not qualify as a wound. In reference to the case on hand, if the court decide that Peter's skin has broken as a result of the laser treatment carried out by Barry, the defendant may ...
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