Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
Words: | Submitted: Mon Jun 19 2006
... unlawful because, Chloe did not validly consent to it (the fact that it was Belle Reena was playing a practical joke on is not a defence, as the doctrine of transferred malice will apply), for example in Latimer3, the accused aimed a blow at someone, but by mistake, hit the victim. Court of Crown Cases Reserved (CCCR) upheld his conviction for unlawful wounding under s.20 of the OAPA. Lord Coleridge CJ stated: 'He had an intent to do an unlawful act, and in carrying out that intent, he did injure a person; and the law says that, under such circumstances, a man is guilty of maliciously wounding the person actually wounded.' Reena's application of force is also unlawful because she was not acting under statutory authority to do so nor was she using reasonable force in public or private defence, such as self-defence, the defence of another or property, the prevention of ...
FREE access exchanged for your work, or pay £9.99