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Words: | Submitted: Mon Dec 22 2003
... but leaves it to Frank to rescue Ellen, has not taken any steps to correct this mistake and thus his omission can constitute an act. Frank could be charged with causing grievous bodily harm with intent contrary to s.18 of the Offences Against the Person Act 1861. The actus reus is that the defendant caused the grievous bodily harm, and as following Janjua;Choudhury, this was held to mean 'serious' bodily harm , Ellen's 'serious injury' will suffice and following C vs Eisenhower, if the epidermis of the skin is broken(likely if bitten by a dog), it would also qualify under the wounding section. Factual causation can be established as 'but for' him failing to control his dog/help Ellen, no harm would have been caused. Whilst the harm was actually caused by Dash, as has been established, Clarence is responsible for him, and can be held liable. The mens rea required for ...
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