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Words: | Submitted: Fri Aug 18 2006
... calculated to interfere with the health or comfort of the victim" (Miller (1954)); which I believe Adrian goes beyond. Adrian may be criminally liable according to section 20 of the Offence Against the Person Act 1861, which is triable either-way and carries a maximum sentence of 5 years. For the offence to be proved the defendants action must have wounded or inflicted Grievous Bodily Harm (GBH) on the victim, with this done intending for some injury to be caused or having been reckless as to whether GBH was inflicted. This can be a direct or indirect act or omission (Martin (1881)) Adrian did not wound Chris, as for that there needs to be a visible break in the "continuity of the skin" (Eisenhower (1983)). Indeed, even if Chris had broken, not dislocated his knee, this would not be a wound as the skin remains intact (Wood (1830)). Adrian is almost certainly ...
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