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Loaded Pistol Vs Murder Case

Decent Essays

In June, 1891, the defendant was tried before a jury at the Inverell Quarter Session for an indictment for common assault, and shooting a loaded pistol at his son with intent to inflicit grievous bodily harm on him. The offender was accused of hitting his son on his face with his hands and pointing a loaded pistol at his head, although it was not stated as whether the victim was wounded or not as the charge laid down was not quite clear. On the charge document, it was revealed that the trial was reviewed on 7 August, 1891 and that of his first appearance was in June, 1891. There must be an error in relation to the evidence presented in court for the accused‘s first hearing. At his trial, the Jury charged him with common assault and …show more content…

Hamilton‘s testimony in court that shows that he was threatened to be killed by his father who pointed a loaded pistol at his head. There was doubt that whether a loaded pistol presented at the child ‘s head was permitted within the parental discretion of punishment and correction of the child ‘s behaviours.

3 what did the three judges hearing the case say about what constitutes an assault in relation to pointing a gun at another?

Simon Bronitt and Bernadette define an assault as the threat of force and a battery as the actual of force which cause a person to fear of immediate harm on him or her. The charge with both acts is generally assault. However, the father‘s act of pointing a loaded pistol at his son and the act of hitting him on his face with his hands are assaults. It was quite possible for the judges to charge the accused with assault for acting menacingly, even with the actual threats took place, such as “ I ll blow your face .’’

When the case came before the reviewing judges, Innes, J asked a question about the review of the

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