Wounding Flashcards
morjarty v brooks
FACTS
The defendant was arguing with a customer over a disputed payment and struck him causing a cut below his eye. The defendant had asked him to leave but he refused therefore force was lawfully applied
morjarty v brooks
LEGAL PRINCIPLE
The defendant used excessive force- definition of wounding ‘an injury to a person by which the continuity of the skin is broken and there is bleeding there is a wound’
JCC v eisenhower
FACTS
The defendant shot at a airgun a group of people which hit someone below the eye causing bruising but not breaking the skin. One blood vessel burst below the skin - fluid filled the front of the eye
JCC v eisenhower
LEGAL PRINCIPLE
Internal rupture (internal bleeding) isn’t a wound
r v dume
FACTS
The defendant maliciously wounded a police officer by releasing a dog which bit the police officer on the leg
r v dume
LEGAL PRINCIPLE
The defendant argued the dogs act was as a result of its natural exuberance. The defendant was still liable for wounding