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Bird Flu Outbreak at Duck Farm in Yorkshire.

Sky News 17/11/2014

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A group of serving Royal Air Force members have had their charges placed against them of Gross Bodily Harm under section twenty of the Offences Against the Person Act 1861 dropped. The defendants were involved in the midst of a practical joke, in which the victim was under the influence of alcohol; he agreed to wear a flame-retardant suit, then allowed the defendants to set himself alight, in which he suffered severe burns consequently. The ruling concluded that the victim's permission for the defendant's to commit their practical joke amounted to sufficient evidence in being able to apply the defence of consent, which then allowed all of the accused to be acquitted, being not guilty for the GBH caused. Subsequently, the prosecution's barristers said, after being questioned, that in this and many other cases previously, the details of the actions of the defendants could easily amount to violent bullying towards the victim, rather than simply horseplay. This is currently being considered by the Justice Secretary. (Ian, Lucinda, Michiella, Kate)

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Mr. Lipman has failed to appeal his original conviction of voluntary manslaughter for the murder if his girlfriend whilst under the influence of the drug LSD. The defendant was thought to have been hallucinating at the time of the intoxication, in which he envisaged that he was under threat from being attacked by snakes; he also believed that the victim was a snake, thus had a desire to attack, resulting in Mr. Lipman murdering the victim using suffocation. He appealed on the grounds that the prosecution could only prove guilt through the identification of intentional harm under the circumstances of being intoxicated. This was later dismissed and the conviction remained upheld; it was established that because Mr. Lipman did create the dangerous situation through intoxication, any reasonable man would foresee the specific intent he would have possessed to carry out his actions. Lord Widgery later said that, despite the conviction being upheld, due to the large amount of different ways in which any defendant could become intoxicated prior to committing serious harm, it is difficult to identify and foresee the extent to which they would act. (Ian, Lucinda, Michiella, Kate)

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R v Dica 2004

The defendant was HIV positive and
didn’t tell the victim. He was found guilty of s20 biological grievous bodily
harm (GBH). The defence of consent was not allowed as even though she consented
to sex she did not consent to HIV as she did not know. Even if she had known
that he had HIV then she still couldn’t use the defence of consent.

R v O’Grady 1987

Two gentlemen went out for a night
of drinking and got themselves in a fight. After having the fight they both
made up and went home to cook pork chops at 3 am. In the morning, O’Grady
phoned the police to tell them that his friend was dead. They were so drunk
that they hadn’t realised that after the fight he had been bleeding severely
and ended up bleeding to death.

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R v Jones Horseplay

Boy thrown
in air by School boys

School boys
as young as 10 committed GBH after a playground game went terribly wrong. For a
laugh a group of boys decided that it would be a good idea to throw another boy
in the air and catch him. After a while the boys were unable to catch the boy
they were throwing in the air and he fell hard on the floor and ruptured his spleen
when he collided with the floor. We spoke to one of boys, he said ‘’it was only
a bit of fun and wasn’t meant to turn out like this, if wasn’t my fault, he wanted
to be thrown in the air.’’ The boys didn’t see anything wrong with what they
were doing, they felt the accident that happened wasn’t their fault. The boys
were originally convicted of Grievous Bodily Harm s20, but the Courts then
ruled that it was rough horseplay and the conviction was thrown out. The boy is
now recovering from this injury and is expected to make a full recovery.

 

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R v Jones Horseplay

Boy thrown
in air by School boys

School boys
as young as 10 committed GBH after a playground game went terribly wrong. For a
laugh a group of boys decided that it would be a good idea to throw another boy
in the air and catch him. After a while the boys were unable to catch the boy
they were throwing in the air and he fell hard on the floor and ruptured his spleen
when he collided with the floor. We spoke to one of boys, he said ‘’it was only
a bit of fun and wasn’t meant to turn out like this, if wasn’t my fault, he wanted
to be thrown in the air.’’ The boys didn’t see anything wrong with what they
were doing, they felt the accident that happened wasn’t their fault. The boys
were originally convicted of Grievous Bodily Harm s20, but the Courts then
ruled that it was rough horseplay and the conviction was thrown out. The boy is
now recovering from this injury and is expected to make a full recovery.

 