Crown, 1861: Offences against the Person Act 1861

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Count One The first count, "assault occasioning actual bodily harm" (Crown, 1861) contrary to section 47 of the Offenses Against the Person Act 1861, is a suitable charge relative to the incident that involved Steven and his girlfriend. According to his account, she stumbled back; fell down the stairs, and hit her head on the floor. The blow knocked her unconscious. The availability of evidence most likely a medical report and a witness will help the prosecutor proves the case of the crime under section 47 of the 1861 Offenses Against the Person Act (The Crown Prosecution Service, n.d.). Nonetheless, on this count Steven might have a logical argument to convince the court of his innocence. A report by Criminal Law Revision Committee (1980), defines assault as "an act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful personal violence and a battery is an act by which a person intentionally or recklessly inflicts personal violence upon another (para.158). In Steven's case, "intentionally" is a key word. If he proves that he did not intentionally hurt, his girl friend then he has a chance of exoneration from the charge. However, the term "recklessly" poses a challenge (Field & Mervyn, 1992). Steven has to convince the court beyond reasonable doubt, as it will want to establish what was going on in his mind at the time of the incident. If Steven proves he did not intend to harm but to surprise his girl friend, then he can

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