10 décembre 2022
What Is the Legal Definition of Bodily Harm
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The term is not defined in any legislation. It is currently included in a number of offences under the Offences Against the Person Act 1861 (sections 18, 20, 23, 26, 28, 29, 31, 35 and 47) and burglary under the Theft Act 1968 (p. 9). It is also used in the definition of murder (as it appears in case law) under the guise of grievous bodily harm. Ken joined LegalMatch in January 2002. Since his arrival, Ken has worked with a wide range of talented lawyers, paralegals and law students to make LegalMatch`s law library a comprehensive source of legal information accessible to all. Prior to joining LegalMatch, Ken practiced law for four years in San Francisco, California, where he handled a wide range of cases in areas as diverse as family law (divorce, custody and support, restraining orders, paternity), real estate (real estate, landlord/tenant litigation for residential and commercial properties), criminal law (felonies, felonies, minors, traffic violations), assault (car accidents, medical malpractice, slips and falls), entertainment (registration contracts, copyright and trademark registration, licensing agreements), labor law (wage claims, discrimination, sexual harassment), commercial law and contracts (breach of contract, contract design) and San Francisco bankruptcy (Chapter 7 Bankruptcies personal). Ken holds a J.D. Golden Gate University School of Law and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law at the California State Bar and the United States District Court for the Northern District of California.
Ken is an active member of the American Bar Association, the San Francisco Bar Association, and California Lawyers for the Arts. Personal injury is a legal term used in art in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar terms, although it can be used in any jurisdiction with a precise and limited meaning. The term « grievous bodily harm » first appeared in a statute of Lord Ellenborough Act (1803). It is not necessary to rely on medical evidence to prove the existence of bodily injury. [11] Once bodily injury has been established, the wording of § 2 requires only interference with the « health » or well-being of the person. [4] Serious bodily harm is a legal term used in some criminal cases. Other types of damage are often distinguished, such as emotional or psychological damage. Serious bodily injury can result from intentional and unintentional behaviour (negligence). Whether the facts meet the definition of « personal injury » can be determined using a standard of correctness.
[23] In this state, the prisoner had sexual intercourse with his wife and informed her of his illness, causing her serious bodily harm. [7] It is not necessarily necessary for an injury to be sustained over a period of time to be considered a bodily injury. The injury may be short and not negligible. [22] In general, simple bruises do not constitute bodily injury. [12] However, more serious bruises, such as those lasting 10 days or more or that are present in the facial area, are considered bodily injuries. [13] Offences involving grievous bodily harm are usually punishable as criminal offences, carrying fines and imprisonment for at least one year. For example, assault is usually a misdemeanor, but if the assault causes serious bodily harm to the victim, the accused is usually confronted with crimes. Another example of this is when a drunk driving charge is committed because one or more victims have sustained serious bodily harm as a result of the impaired driving incident. Therefore, grievous bodily harm is generally considered one of those « aggravating factors » that can elevate an offence to the status of a crime.
The Legal Affairs Commission has stated that it believes that « the intentional or reckless causation of a disease should not escape the criminal law » and whether HIV transmission constitutes serious bodily harm or falls within sections 22 to 24 of the Offences Against the Person Act 1861 is a matter of debate. This definition is similar (if not word-for-word) to the English common law definition of actual bodily injury. [5] The first issue in this appeal is whether the inclusion of the word « physical » limits the term « actual bodily harm » to damage to the victim`s skin, flesh and bones. Justice Lynskey rejected this argument. In our view, he was right. The victim`s body includes all parts of his body, including organs, nervous system and brain. Bodily injuries can therefore include injuries to any of the parts of his body responsible for his mental and other capacities. Justice Wills said, « The facts are. that he infected her and that she suffered serious physical harm as a result of such an infection ».
[6] This was followed by the Court of Appeal in R. v. Constanza[3] and by the House of Lords, which confirmed the principle in R v Burstow, R v. Ireland. [4] Ireland caused psychiatric disorders in three women. Burstow`s victim was afraid of personal abuse and was diagnosed with a serious depressive illness. Today`s best medical practices accept a link between bodily and psychiatric injuries, so the words « bodily injury » in sections 20 and 47 may have encompassed recognized psychiatric disorders such as anxiety or depressive disorders that affect the body`s central nervous system. However, to be eligible, these neuroses must be more than just anxiety or problems managing daily living that are not psychiatric illnesses. « Bodily Injury » means physical pain or injury, illness or any impairment of physical condition. Serious bodily harm is often associated with recklessness in a car accident and many intentional crimes such as assault, robbery or assault.
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