Law And Justice

Leon essay

The first offensive that Leon is liable for is the possible scandalise to Michael causation actual bodily harm. Firstly we must prove the assault or battery in order to prove that Leon whitethorn be liable for s47 ABH. An assault is a summary offence under s39 of the criminal justice act 1988. The actus reus is to typesetters case the victims to awe immediate unlawful violence. Immediate means imminent as pointed out by smith v. Cc of Woking, it means in the near future. In this case Leon has possibly cause Michael to timidity violence in the near future as he has threatened to release his strong and aggressive dog. This would obviously cause Michael to fear some sort of unlawful violence as a strong and aggressive dog who was in a frenzy is to the highest degree likely 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 due 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 take to the Cunningham subjective recklessness test, in that Leon would have realised the risk 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 the offence are the kindred for the assault as discussed above and the defendant does not pauperization to have intended the ABH. ABH is defined under Donovan as each 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 want to get a full essay, order it on our website: Orderessay



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