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
David Smith the boy’s father was charged because he failed to intervene when it was
A general reading of the opinion reveals that the case involves a question as to whether there was any substantial evidence to show that the individual defendants participated in the battery, and that defendant Rose City was liable vicariously
The accused, Greg Adamiec, was charged with assault causing bodily harm under 267 of the criminal code. The incident took place during a Manitoba Major Soccer League game on July 13th, 2009. During the second half of the game, Mr. Adamiec and Mr. Keast both attempted to gain control of the ball. Mr. Keast dove for the ball, grabbing it and the accused’s foot at the same time. The accused tried to break free of Mr. Keast’s grip on his foot by kicking him. This made the accused loose his balance in which he fell to the ground, where he continued to kick Mr. Keast in the chest throat or chin area while he was wearing cleats.
Police officers including approximately six armed members of the “Special Emergency Response Team” forcibly entered the appellants’ (Bulsey & Anor) house. Bulsey was taken from his bed, placed on the floor, handcuffed and dragged out to the street and later charged with riotous assembly and destruction of a building. In subsequent committal proceedings, the respondent conceded it did not have a case against the first appellant. He was discharged. Bulsey (the first appellant) sued the respondent for damages for trespass to the person (assault, battery and false imprisonment). Anor (the second appellant) sued the respondent for damages for assault and false imprisonment. The trial judge dismissed the appellants’ claims with costs, with judgments in favour of the respondent.
My role as Allen Brookson is significant in the case of Brookson v. Carter because I was the first to be wrongfully attacked by Wendell Carter. My role will help to prove that Carter is guilty for various reasons, and why Allen Brookson and Fred Brookson should be offered compensations for both severe physical and posttraumatic stress. The physical injuries sustained were taken to the hospital that resulted in a detrimental medical expense and traumatic stress such has weight loss, chronic anxiety, and insomnia. Essentially, the Brooksons should win this case because Carter committed a Class B misdemeanor by illegally carrying a knife that can injury someone, and we will, too, because of Assault of the third degree, Carter committed assault
On 01/03/2018 I was dispatched to the Sumner County Jail located at 610 E. Hillside Sumner County, KS for a battery report. When I arrived at the detention facility, I spoke with Sgt. Lemasters about the incident. She handed two inmate face sheets with the inmates who were evolved in the altercation. The first was identified as Jamal Grimmett, Lemasters said he was the suspect and the aggressor. The second was identified as Broderick Henton and he was identified as the victim. Sgt. Lemasters played the video footage for me from F pod so I could see the altercation. It started at 1947 hours, in the video you can see both Grimmett and Henton sitting at the dayroom tables. Henton was sitting facing the television and Grimmett was sitting at another table facing Henton. It appeared that Grimmett was talking to Henton but Henton would not acknowledge him. Grimmett then stands up without his shirt on and walks across the dayroom to his bunk. It appears that Grimmett is still saying something to Henton, he then places his shirt on his bunk and walks back towards Henton. When he gets to where Henton is seated he leans down and gets in Henton's face. Grimmett then swings two times with a closed fist at Henton's head and upper body. It did not appear that either punch struck Henton in the face but rather his arms from
I reviewed the Brownwood Police Department Use of Force Supplement provided by Officer Bowman and Sgt. Carroll. I also reviewed L3 video 154500 and 154498.During the call for service 17-001493 Officer Bowman encountered a subject with a shotgun. In the report the subject pointed the shotgun at Officer Bowman in which Officer Bowman pointed his firearm at the suspect and began ordering the suspect to drop the gun. The suspect was ultimately disarmed by his father and taken into custody.
On June 21, 2016, members of the Metropolitan Police Department (MPD) Sixth District were dispatched to a call for service for an “Assault in Progress”. Officers were met by the complainant who reported that the defendant invited her over to his residence and when she arrived the defendant already had another female companion at his home. The defendant began to insult the complainant at which point she tried to leave his home. The defendant grabbed the complainant by her hair and punched her in the face and body. The complainant refused medical treatment.
In Assault section 21 a it states, “he acts intending to cause harmful or offensive contact with the person of the other or a third person or an imminent apprehension of such contact,”. Section b states, “and the other is thereby put in such imminent
Porter said the charge was inappropriate: "The act of intentionally firing a gun at some
Under this situation, Cuttle should be convicted of assaulting a police officer in the execution of his duty, since although Cuttle did not aid Snawley in committing the offence, Cuttle did encourage the act by exclaiming “Yippee” three or four times as stated by the officer, therefore, Cuttle should be convicted of aiding or abetting the assault of a police officer in the execution of his duty. For instance, the actus reus is present in the fact that Cuttle encouraged Snawley by yelling “Yippee”, and the mens rea can be interrupted from the objective test as a reasonable person would have foreseen the risk of bodily harm to the victim by encouraging the principal. If the officer had asked for assistance from Cuttle, by
1983.” The District Court applying a four-factor test to determine, at the close of Graham’s evidence, when excessive use of force touches off of a 1983 cause of action inquiring inter alia, whether the force had been applied in a good-faith effort in order to maintain and reinstitute discipline or maliciously and sadistically just for the purpose of causing harm to an individual. The Court of Appeals affirmed, this test being endorsed as generally pertinent to claims of constitutionally excessive force being brought against any and all government officials, Graham’s argument that it was errored to require Graham to prove that the alleged excessive use of force was applied in malice and sadistically in order to cause harm to him. Reasonable jury holding that the Johnson v. Glick test resulted in the conclusion that the amount of force applied was not considered a constitutionally excessive
This final case deals with a letter sent to a military commissioner, which stated that S. Parham was passing a man’s house. The man Armstead Blick reportedly held a grudge against Parham; he came out of his house with a gun and shot Parham in the head. A warrant was supposedly issued for Blick’s arrest, but no officer would serve it. A report six months later states that Blick still had not been arrested. The military commissioner was again reminded of this case, to which he promised the arrest of Blick that was never to
The Supreme Court has stated that the calculus of the propriety of an officer’s use of force must include the fact that officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving. Officers who use force in the street are judged under the Objective Reasonableness
Background of both victims and offenders could play a significant role and might help answer the reason of their action. For example, the judge should look at how George established the violent norm in the house by always come home drunk and use physical strength to hurt Charlie’s mother to get what he want or make his statement. When Charlie see George behavior regularly he learn the behavior pattern from George and use it. However, if we look at Charlie’s record alone he is a “great kids” and good student who earned several certificate and have perfect attendance with no misconduct nor delinquencies in records (Stevenson, pg117). After look at both it become clearer of the reason and how Charlie come to the thought of fired gun at George after George punched his mother to collapsed and bleeding on the floor .