Case Study on Criminal Law PDF

Running head: CRIMINAL LAW
CRIMINAL LAW
Name of the Student
Name of the University
Author Note

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CRIMINAL LAW
Issue:
 Whether Martha can be held guilty for causing the battery to William?
 Whether Martha can be held guilty of generating grievous bodily harm to William?
 Whether Martha caused the wrongful act with the intention of causing harm to
William?
 Whether Martha had requisite mens rea recognized under the law of crime while
committing the act?
 Whether the doctrine of actus reus is associated with the act of Martha?
Rule:
The court, in this case, applied the rule relating to unintentional grievous bodily harm
which is envisaged in Rule 20 of the Offences against the Person Act 1861. The section states
that a person who has caused a wound or grievous bodily harm to another person maliciously
or unlawfully can be held guilty of misdemeanor irrespective of the fact that he caused the
same with or without using a weapon or instrument. Further, provision regarding the presence
of criminal intent in causing an act has also been discussed in this case. Further, the provision
regarding the offence of battery under the English law has also been discussed in this case.
Analysis:
In his case, Martha was a homeless, poor, and desperate person. She, in fact, lost her
job and unable to arrange regular food. In spite of these hard days, she was unwilling to
commit any crime. But one day out of starvation, she decided to steal some food from
someone. With this intent, she went to the local market and hides in a dark street corner with
a knife in her hand. She was waiting there for a potential person from whom he can steal
some food. At that time, William, an old man, walked toward Martha with a big shopping

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CRIMINAL LAW
bag. Martha blocks his passage and jumps in front of him. She pointed the knife towards him
and asked him to give food. She further stated that she is desperately looking for food and she
will not harm him. She further stated that she might die if she did not get food. At the very
moment, when William was about to give Martha the shopping bag, a police car entered into
the alley and noticed the happening of such an incident. Sensing of some wrong is happening,
the police officer stopped the car and turned on the siren of the same. Seeing this, Martha
pushes William aside and started to run from that place. But in giving such a push to William,
she unintentionally wounds him with the knife in her hand. However, the nature of the wound
was not lethal but it caused a deep injury on William.
It can be seen from the fact of the case, that Martha unintentionally caused bodily
harm to William, which is grievous in nature. As per the provision of English Criminal Law,
the term grievous bodily injury refers to the offense of battery1. The battery is regarded as a
criminal offense that involves unlawful physical contract different from simple assault or
criminal assault, which refers to the act of creating uneasiness about such unlawful physical
contact. Therefore, it can be categorized as a misdemeanor or felony based on the
circumstances of each case. The definition of battery under common law refers to the offense
as any unlawful or unwanted touch by a person who is the aggressor to any other person. In
most cases, battery is administered by statutes depends on the law of separate jurisdictions.
Generally, the necessary requisites to consider an offense as battery is, there must be an
aggressive contact or touch made upon the victim who must have been instigated by the
aggressor with the full knowledge about the consequence of such offensive act, that it might
cause serious injury to the person upon whom it is applied. However, English law recognizes
the notion of Actus Reus and Mens Rea in order to recognize an offense as Battery. In the
1 Plummer, Jennifer M. "Criminal Law-Determining When, If Ever, Sex Offender Registration Applies to
Juvenile Defendants-Commonwealth v. Samuel S., 69 NE 3D 573 (Mass. 2017)." Suffolk J. Trial & App.
Advoc. 23 (2017): 213.