65 year old man was charged with grievous bodily harm over the death of his 33 year old step son near Kalbarri.
Local Authorities reported that a 65 year old man was arrested and charged when he maliciously inflict grievous bodily harm to his step son. It was reported that the offender stabbed the victim during a quarrel in an aboriginal settlement.
The lawyer for the accused did not apply for bail and his client still remains in custody. Post Mortem Examination is being conducted to determine whether the charge may be amended or not.
The Lawyer for the Defence may have a different strategy on how he will defend his client’s case when they opted not to post bail. Defenses for Grievous Bodily Harm under the current jurisprudence vary according to the attending circumstances of the case and the facts that are present thereto. According to the law there are several possible and viable defences for Grievous Bodily Harm, to wit:
a. The injury does not amount to GBH – the reason being that if the person did not suffer and serious injury which qualifies the crime to Grievous Bodily Harm, the said crime cannot be charged upon the accused. A lesser offense may be charged but not GBH;
b. Accident – there was no intention on the part of the Accused/Offender to cause GBH and the injury suffered by the victim is due to accident. In this example, the offense of reckless imprudence may be charged depending on the circumstance;
There was a serious threat on the life and/or property of the accused and that he was forced to use necessary means to repel the said aggression against him;
d. Lack of Intent
There was no intention to harm so as to inflict bodily injury of such a nature as to endanger, or be likely to endanger life, or cause or be likely to cause permanent injury or death;
Insanity defence is one of the most delicate defences that an accused may invoke in his trial. It is used as a defence to deprive the Accused/Offender his right reason as well as intet to do the crime charged. If the intent is absent or if the person does not know what he is doing, there can be no proper crime charged against him. An act done by me, against my will, is not my act. Actus not facit reum, nisi mens sit rea.
self-defence is one of the most consistent defence that any person may set when a crime is charged against him. In order of this defence to be reliable, the accused must prove that there must be an unlawful aggression against him before he defended himself. The accused must also establish that he used the appropriate and reasonable force in repelling such aggression.
This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal Lawyers Brisbane , Criminal lawyers Sydney ,Criminal lawyers Melbourne,criminal lawyers Perth,criminal lawyers Adelaide
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.