Actual Bodily Harm - Law Dictionary Search Results

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Actual bodily harm

Actual bodily harm. 'An assault occasioning actual bodily harm' is an offence within s. 47 of the Offences against the Person Act, 1861 (English). On an indictment for an assault occasioning actual bodily harm the accused may be convicted of a common assault, R. v. Oliver, (1860) 30 LJMC 12. A husband, who, whilst suffering from venereal disease, had marital intercourse with his wife and thereby infected her, cannot be convicted under this section, R. v. Clarence, (1888) 22 QBD 23. The expression is also used in the Dangerous Performances Acts, 1879 and 1897. See also BODILY HARM....

Bodily harm

Bodily harm, generally used in contradistinction to 'actual bodily harm' or 'grievous bodily harm,' as meaning a trivial injury. See ACTUAL BODILY HARM....

Grievous bodily harm

Grievous bodily harm. See ACTUAL BODILY HARM....

Assault

Assault [fr. salire, Lat., to leap; saillir, assaillir, Fr., to assai]; insultus, Lat.], an attempt to offer, with force and violence, to do a corporal hurt to another, as by striking at him with or without a weapon. No words, how provoking so ever they be, will amount to an assault. Assault does not always necessarily imply a hitting or blow; because, in trespass for assault and battery, a person may be found guilty of the assault, but not guilty of the battery. But battery always includes an assault, 1 Hawk. P. C. c. lxii., s. 1.The various kinds of assault are successively dealt with and made punishable by ss. 36-47 and ss. 52 and 62 (indecent assaults) of the (English) Offences against the Person Act, 1861. By s. 47 an assault occasioning actual bodily harm is punishable on indictment by penal servitude for not less than three, or imprisonment for not more than two year, and a common assault by imprisonment for not more than one year; but by s. 42 common assaults are summarily tria...

Battery

Battery [batterie, Fr., fr battre, to beat], beating and wounding. This, in law, includes every touching or laying hold, however trifling, of another's person or clothes, in an angry, revengeful, rude, insolent, or hostile manner. It is a good defence to prove that the alleged battery happened by misadventure, or that it was merely an amicable contest, or that it was the correcting of a child by its parent, or the punishment of a criminal by the proper officer, or that the prosecutor assaulted or beat the defendant first, and that the defendant committed the alleged battery merely in his own defence as to the criminal proceedings for battery, see (English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), ss. 42, 43. See ASSAULT.Battery, includes even the slightest force, no actual harm need result, it is actionable per se, Kenlin v. Gardiner, (1967) 2 QB 510; Fagan v. Metropolitan Police Commissioner, (1969) 1 QB 439; Freeman v. Home Office, (1984) QB 524.Means a crime and...

Malice

Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...

Cruelty

Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...

malice

malice 1 a : the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b : wanton disregard for the rights of others or for the value of human life c : an improper or evil motive or purpose [if cannot be proved or a benign purpose can be imagined "David Kairys"] d : actual malice in this entry actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless disregard of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awarenes...

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