Sunday, July 28, 2019
GBH liability Essay Example | Topics and Well Written Essays - 750 words
GBH liability - Essay Example Section 42 of the OAPA 1861 affirmed that an attack is committed in the case of unlawful violence or violence committed to another person. This statement was revised by the CIA in 1988. The action of violence was clearly stated and under which circumstance this section was relevant. Violence committed to a person under unlawful means is a crime as this will endanger the life of the victim.Sarahââ¬â¢s consent to sexual intercourseDespite Sarahââ¬â¢s approval to sexual relations, she was unaware of Richardââ¬â¢s HIV status. She did not consent to be infected with the HIV. Richard committed offense as he consciously transmitted the HIV to Sarah. This was with the knowledge that it would result to a life threatening condition to Sarah.à à According to this case in matters pertaining R v Clarence and R v Dica, while it is appropriate in terms of sexual consent, it does not address the matter of acceptance to the endangerment of grievous body impairment. This may be as a resu lt of sexual relations by modes of sexually transmitted infections.. In both cases, the defendants did not inform their partners that they had the HIV. The partners also were ignorant of the status of their sexual partners. Sarah was ignorant of Richardââ¬â¢s sexual transmitted disease condition. Sarah consented to sexual intercourse, but she did not consent to the risk of the viral infection. For a sexual partnerââ¬â¢s consent to the dangers of contracting the HIV to be valid; the approval of the other partner ought to be an informed consent (Card et al, 2012). Hair cutting issue Sarah was not happy that Richard cut her hair; she opted to remain quiet on this topic. She weighted her love emotions for Richard and remained silent. Sarah did not consent to her hair being cut; this is regarded as actual body harm to Sarah.
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