Bodily Harm Legal Definition

04 Oct Bodily Harm Legal Definition

It is not necessary to cite medical evidence to prove bodily harm. [11] “Bodily Harm.” Legal Dictionary, Merriam-Webster, Retrieved 4 October 2022. It is wrong to conclude that just because the injury heals in less than a week does not mean that it would not be a bodily injury, as serious life-threatening injuries can be short-lived. [9] In modern times, the practice of legal interpretation often refers to the actual intention of the author, as expressed in the terms of the law, but considered in the light of contemporary knowledge. R v. Chan Fook[2] applied this approach. [Citation needed] Hobhouse LJ The prosecution “decided to bring into the case an allegation that, even though Mr. Martins had not suffered any physical harm as a result of the complainant`s attack on him, but he had been placed in a state of mind which, in itself, without more, amounted to actual bodily harm. The only evidence the prosecution could invoke in support of this allegation was Mr. Martins` statements that he felt abused and humiliated, that he had been threatened with further violence and that he was very afraid. There was no medical or psychiatric evidence to support this claim. There was no evidence that he was in shock at any time before receiving the injuries he had sustained by falling out of the window.

The Legal Affairs Commission has stated its view that “the intentional or reckless causality of the disease should not go beyond the scope of criminal law”, and there is an ongoing debate as to whether HIV transmission is covered as serious bodily harm or under sections 22 to 24 of the Offences Against the Person Act 1861. This definition is similar (if not word for word) to the common law definition of actual bodily harm. [5] This may constitute actual bodily injury, even if there is no physically recognizable injury. See Reigate Justices ex p. Counsell (1984) 148 JP 193, DC Non-physical or psychiatric injuries may be considered “bodily harm, whether “actual” or “serious,” but there must be formal medical evidence to verify the injury. In general, simple bruises are not bodily injuries. [12] However, more severe bruising, such as those lasting 10 days or more or present in the facial area, are considered bodily injuries. [13] Bodily harm is a legal art term used in the definition of law and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for bodily injury or injury and similar expressions, although it can be used in a particular jurisdiction with a precise and limited meaning. The term serious bodily injury first appeared in an Act of Lord Ellenborough`s Act (1803). In this state of affairs, the prisoner had sexual intercourse with his wife, telling her about his illness, causing her serious bodily injury. [7] Whether the facts meet the definition of “bodily injury” is verifiable to a standard of accuracy.

[23] It is not strictly necessary for an injury to exist for a certain period of time to be considered a bodily injury. The injury can be short and still not negligible. [22] Personal injury is considered a “low threshold” to be reached. [1] The first issue in this appeal is whether the inclusion of the word “physical” is the phrase “actual bodily harm,” limiting the damage 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 their body, including their organs, nervous system and brain. Bodily injuries can therefore include injuries to one of the parts of his body responsible for his mental and other abilities. “Bodily injury” means pain or physical injury, illness or alteration of physical condition.

The term is not defined by any law. It currently appears in a number of offences under the Offences Against the Person Act 1861 (see 18, 20, 23, 26, 28, 29, 31, 35 and 47) and in the offence of burglary under the Theft Act 1968 (see 9). It is also used in the definition of murder (as it appears in case law) under the guise of aggravated bodily harm. 2. `bodily injury` means any injury or injury suffered by a person which affects the health or comfort of the person and which is more than temporary or minor;.

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