Research design and methodlogy Essay Example for Free

Research design and methodlogy Essay This chapter presents and discusses the method of research used and the procedures utilized by the researcher in this study. It likewise includes the sources of data and the treatment of data. Methodology of the study This investigation adopted the compare and contrast qualitative research method as this is the most appropriate way in determining the effect the type of business to the success of the business. In addition, the quantitative approach was included to complement the qualitative part of this research. The Archival Research is defined by Bordens, Kenneth S. , and Abbott, Bruce B. , (1999) as a non-experimental strategy that involves studying existing records. These records can be historical account of events, census data, court records, police crime reports, or any other archived information. This qualitative study is divided by two parts. They are: 1. Compare Motherhood and Feminism in Beloved 2. Contrast Motherhood and Feminism in Beloved. And, the quantitative study focused on interviewing twenty persons who have read the Beloved novel. The researcher took pains in reading, searching and analysis of the different parts of this study. The researcher examined the comparison and contrast of Motherhood and Feminism in Beloved. The historical background is one of the main focus of this study including their success. The final phase was the analysis, presentation and the drawing of the conclusions and the recommendation. RESEARCH INSTRUMENT The primary research instrument and technique was used in the gathering of data for this study. In addition, the researcher used secondary sources taken from books and journals. These secondary sources had guided the researcher to broaden the point of understanding specifically the effect of Motherhood on Feminism in Beloved. The analysis of variance was used to compare the different topics found in Beloved and the respondents answers grouped according to Age, Gender and Highest Educational Attainment. The formula for Analysis of Variance includes Y i = e i where e i is N(0, ? 2 ) [2. 1] RESEARCH PROCEDURE The researcher seeks the primary as well as secondary materials as the best way to examine the effect of Slavery on Motherhood and Feminism in the Beloved Novel. After a through studying, reading and scrutinizing the different data, it is best to use the secondary sources as a basis for company business analysis and then coming up with the output – Results of the Effect of Slavery on Motherhood and Feminism in the Beloved Novel. Chapter IV PRESENTATION, ANALYSIS, AND INTERPRETATION OF DATA This chapter puts forward the presentation, analysis and interpretation of the data collected. The questions identified in the problem are used as the bases for the presentation. The sequence of the structure includes table, analysis and interpretation of the data of the current study. PRESENTATION OF THE STUDY PART I 1. Compare Slavery to Feminism in the Beloved novel. There are similarities between slavery and feminism in the Beloved novel. 1. 1 Both slaves and women have responsibilities in the Beloved Novel. The slaves must clean the homes and even be the unwilling sex toys of their owners. The women have the responsibility to take care of the children in the Beloved Novel. Here, the Nation Journal states about Morrisons intentions in writing Beloved, â€Å"What is this absolute obsession with violence? I mean, violence is two things. First of all, it takes a certain amount of courage, physical courage, but it also requires a certain laziness of intellect. So its both easy and hard. Its such a childs view, as is the puny language that accompanies it. I guess I shouldnt dump that on children, but it certainly is not adult. † The language of literature that is bellicose, that is warlike, is the prized language 1. 2 Both slaves and women have feelings. For, both the slaves and the women can feel both sad and happy. Sethe was sad to feel that her child, Beloved would grow up a slave like her. Sethe felt sad when she knew she would never see her husband again. Here, Toni Morrison has conjured a way to bring back the past to the readers of this novel where slaves too have feelings . 2. Contrast Slavery to Feminism in the Beloved novel. There are differences between Slavery and Feminism in the Beloved novel. 2. 1 Slaves are the property of the owners but Women are not the property of their husbands. For the slave owners feel that they have the right to rape the women slaves because they feel that slaves as their property. The wives cannot be forced to have sex with their husbands or anyone else against their will . 2. 2 Slaves can not own their children but free women can own their children. Sethe killed Beloved because she did not want her to grow up and suffer as a slave like her. She is too possessive of her children. Women who are free, includes freed African Americans, can own their children. Beloved flirts with Paul D. because she wants to have a child of her own. She plans to take care of the child until it grows old. She wants to give her child the love and caring that her mother, Sethe, was too selfish to give her . 2. 3 Slaves have no freedom to do what they want whereas free women are free to do what they want anytime provided it does not violate the rights of others. The slaves are classified as animals in Beloved and have to right or privilege. However, free women a right to fall in love and to roam anywhere they want. This is the reason why Sethe ran away from her owners. This is also the main reason why Sethe’s husband, Paul D. and Stamp paid ran away from their owners. Sethe’s mother in law, Baby Suggs feels that she is now happy for being free to stay at her home to do whatever she wants . Being an African American herself, Toni Morrison â€Å"Historically, women in Africa have dominated the use (and instruction) of literary forms that include proverbs and folk- tales. In consequence, it is important to determine the scope of the narrative traditions in black womens literature and to specify the nature of this relationshipto discuss olktales, for example, in conjunction with the voices of/in the tales. The tellers, the mode of telling, the complications and sometimes obfuscations of telling become critical not only to the folkloric traditions, but to the larger narrative traditions as well† PART II This quantitative essay was done in order to know how people feel about the Beloved story by African American Toni Morrison which was published recently in 1987. For the society changes and humans evolve both in mind and in spirit. The environment where one lives is called reality. And literature evolves or alters its role, its action, its form of practice just like the environment of which it is a part. The people reading the book will cherish their past where their grandparents were once slaves or owners of slaves. 4. 0Frequency 4. 1 Age Table 1 AGE of Respondents Age Range Frequency Percent Rank. 15- 24 11 55 1 25- 34 5 25 2 34- 44 3 15 3 45- above 1 5 4 Total 20 100 The above table shows that there are eleven respondents belong to the 15 -24 age level. This group represents fifty five percent of the entire respondent population. This group level is ranked 1 in the above table based on their percentage. Also, there are five respondents belonging to the 25 -34 age level. This group represents twenty five percent of the entire respondent population. This group level is ranked 2 in the above table based on their percentage. There are three respondents belonging to the 35- 45 age level. This group represents fifteen percent of the entire respondent population. This group level is ranked 3 in the above table based on their percentage. Lastly, there is only one respondent belonging to the 45 and above age level. This group represents five percent of the entire respondent population. This group level is ranked 4 in the above table based on their percentage. There are more respondents belonging to the 15- 25 age level. 4. 2 Gender Table 2 GENDER of Respondents Gender Frequency Percent Rank F 14 70 1 M 6 30 2 Total 20 100 The above table shows that there are fourteen respondents belong to the Female Gender. This group represents seventy percent of the entire respondent population. This group level is ranked 1 in the above table based on their percentage. Also, there are six respondents belonging to the Males Gender. This group represents Thirty percent of the entire respondent population. This group level is ranked 2 in the above table based on their percentage. There are more respondents belonging to the Female Gender. 4. 3 Education.

Startup Plan for Wedding Internet Business :: GCSE Business Marketing Coursework

Startup Plan for Wedding Internet Business Frequent Shopper Programs Card Programs, or Frequent Shoppers Programs (FSP) are increasing in supermarkets around the country. FSPs are bringing more consumers into the grocery stores more often and studies show that these cardholders are more likely to spend than non card members. One study shows that over 80% of customers shop less than once a week in the same store. Most consumers have low customer loyalty, so retailers are looking for a way to reward them in order to get them to continually shop in their stores. Retailers are looking for a way to increase their profits by having repeat customers. Studies show that cardholders account for 75% of the stores sales. Main goals of using a FSP are to retain customers, have them visit frequently and spend more money. Targeted demographics for card programs consist of larger, upscale, educated families of three or more. Studies show that the top five reasons for a consumer to choose a retail store are due to: 1). Convenient Location 2.) Store Deals 3.) Frequent Shopper Programs 4.) Assortment of Merchadise 5.) Store Cleanliness Consumers who have cards spend 4xs more each transaction than a non card member. The average non card holding consumer in the store spends $7 versus a card holder who spends $28 per transaction. By using frequent shopper programs, retailers can keep a database to segment their customers by their buying habits in order to better market themselves to the needs of their customers. Databases can help with marketing efforts geared at differentiating themselves from competitors by segmenting customers by how often they shop, how much they spend, and what their shopping patterns are. Grocery retailers are seeing benefits from these programs but there are some glitches to joining one. FSPs are expansive programs to initiate. The program costs anywhere from $15,000 to $20,000 a year. Retailers must consider whether their ready to initiate a program and monitor the database in order to create a variety of marketing schemes to follow through on.

Comparing The Lottery and Hills Like White Elephants

â€Å"The Lottery† written by Shirley Jackson is a story based off of its point of view, the story would not be told or understood in the same way if it was written in a different point of view. This story keeps the interest of it's readers because it has a point of view where only the people in the story know whats going to happen and know more information than the readers do. If this story was written in first person the readers would know what the lottery was from the beginning of the story and that would make the story not have the surprise ending that confuses the audience. â€Å"Hills Like White Elephants† written by Ernest Hemingway is also written in third person point of view. This story is written in a different way then â€Å"The Lottery† is written because in â€Å"The Lottery† everyone knows whats going on besides the audience, and in â€Å"Hills Like White Elephants† only the two main characters know what is going on and what the main conversation contains. Another main difference in these two stories is that Jackson tricks her audience and Hemingway never even demonstrated the reason for the conflict in the story. Although both stories are related by using the same point of view they are completely different with the plot and the amount of information they with hold from their audience. Both authors use third person in their own ways and it makes different but related effects to the ending of the stories. One of the effects that are different in each story are the amount of people who know whats going on and what the conflict is. Also, the ending of each story, there is a main effect on the point of view factor. Hemingway does not resolve the conflict that the characters in the story know but the audience does not know. Jackson on the other hand reveals to his audience the conflict and the information he has been with holding from the beginning of the story. The point of view in the stories has a dramatic effect on how they are interpreted from the audience, and what information is known by the audience in any point of the story. If either of these stories were written in first person point of view the entire plot and conflict of the story would change and the audience would have a different outlook on the overall story. In â€Å"The Lottery†, if the audience would have known it was a negative lottery it would have changed the effect the ending had on the audience. However, â€Å"Hills Like White Elephants†, would have more of an effect on the audience if it was written in first person point of view. This way the audience would be able to know the main conflict the couple is arguing about throughout the entire story, but the conclusion of the story would change the effect on the readers. Although both stories are wrote in the same point of view, each author interrupts their own personal effects to the stories in which they wrote. Jackson gives her audience clues and hints about the ending, such as the boys piling rocks in the corner of the room, that could be the first signs that the lottery was not what the audience expected it to be. Hemingway however does not take the same approach that Jackson did and did not give his readers clues in the actual text about the information that is being with held from them. The titles of these two stories differ as well, â€Å"The Lottery† is a basic title for the overall story plot, but â€Å"Hills Like White Elephants† is a more complicated title that does not give a general over view of the story. The title is supposed to indicate important information about the story, and Hemingway took the third person point of view in the actual text and keep the conflict from his audience but he gave his audience some information in the title. When he used this phrase as his title, he opened his reader's mind to interpret many different ideas and conclusions about this conflict in which they are with held from knowing. â€Å"The Lottery† and â€Å"Hills Like White Elephants† are both written in third person but Jackson and Hemingway took this point of view and put their own personal effects into it. Jackson includes clues through out the text that about the actual lottery. Hemingway interprets his clues to the audience through the title of the story. These two stories are similar in the point of view but they differ in how the authors applied what the audience should and should not know through clues in the text and title.

Proving the guilt of murder - Free Essay Example

Sample details Pages: 16 Words: 4668 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? Question 1 Amina may be guilty of the murder of Yasin and Khadija. Khadija To establish a case of murder, the prosecution must prove (1) that the unlawful death of Khadija was caused by an act (or omission)[1] of Amina; and (2) that Amina did that act (or omitted to act) with malice aforethought[2], whether express or implied[3]. So far as causation is concerned, in the context of homicide offences, this simply means that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was accelerated by Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions[4]. The burden of proving that Amina is guilty remains on the prosecution throughout the trial and unless Amina wishes to raise a special defence of insanity or diminished responsibility (discussed later) she will at no point be required to establish any defence, or partial defence, to the charge[5]. The à ¢Ã¢â€š ¬Ã‹Å"malice aforethoughtà ¢Ã¢â€š ¬Ã¢â€ž ¢, which is the à ¢Ã¢â€š ¬Ã‹Å"mentalà ¢Ã¢â€š ¬Ã¢â€ž ¢ element of murder, may either consist of an intention to kill unlawfully (express malice) or an intention to cause grievous bodily harm, i.e. really serious harm[6], unlawfully (implied malice)[7]. It is not sufficient for the finding of intent that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a natural and probable consequence of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s action; the relevant question is whether Amina did intend or foresee Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death (or the fact that Khadija would sustain grievous bodily harm), à ¢Ã¢â€š ¬Ã…“by reference to all the evidence, drawing such inferences from the evidence as may be proper in the circumstancesà ¢Ã¢â€š ¬Ã‚ [8]. The fact that Amina foresaw that Khadija would die or sustain grevious bodily harm from the multiple stab wounds is not conclusive evidence of intention but is a relevant factor to be taken into consideration[9]. Neither is the fact that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a virtually certain result of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions conclusive; although the greater the probability of a consequence, the more likely it is that it was foreseen and, if that consequence w as foreseen, the more likely it is that it was also intended[10]. On the facts, it would seem that Amina would be found guilty of Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death. The act of stabbing Khadija à ¢Ã¢â€š ¬Ã‹Å"acceleratedà ¢Ã¢â€š ¬Ã¢â€ž ¢ her death, and although the finding of intent will be a matter for the jury, it is clear that Khadija would die or at least sustain à ¢Ã¢â€š ¬Ã‹Å"very serious harmà ¢Ã¢â€š ¬Ã¢â€ž ¢ from being stabbed multiple times; it is highly likely therefore that the jury would rule that this was foreseen and therefore intended[11]. Don’t waste time! Our writers will create an original "Proving the guilt of murder" essay for you Create order Yasin The first element to be proved to establish the offence of murder is to show that the unlawful death of Yasin was à ¢Ã¢â€š ¬Ã‹Å"causedà ¢Ã¢â€š ¬Ã¢â€ž ¢ by Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s act of stabbing Yasin in the stomach once using a bread knife. Although there is the later issue of Jakeà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligent treatment, it is certain that but for Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s act, Yasin would not have died. Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct does not have to be the sole or the effective cause of Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death: it will be sufficient that it is a cause à ¢Ã¢â€š ¬Ã…“which cannot be dismissed as minimal or as slight or triflingà ¢Ã¢â€š ¬Ã‚ [12]. So far as Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death is concerned, there may be two or more independent operative causes, and any person whose conduct constitutes a substantial (more than minimal) cause may be convicted of an offence in respect of his death[13]. We are told that, during the operation to save Yasins life, Jake, the an aesthetist, who was newly qualified, did not realise that the tube supplying oxygen to Yasin had become detached and Yasin died. Amina could argue that the chain of causation was broken by Jakeà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions, using R v Jordan (1956)[14] as an authority, which decided that if medical treatment received was the sole cause of death, and was grossly negligent, the chain would be broken. However, there are cases that since suggest the argument in Jordan will be very difficult to use. For example, in R v Smith (1959)[15], the defendant stabbed the victim in a brawl and en route to the medical orderly, the victim was dropped twice; the medical orderly then failed to diagnose the full extent of his wounds. The victim died, but the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s conviction for murder was upheld as the wound was still an operating cause of death and so the chain of causation was not broken. Similarly, in R v Mellor (1996)[16], the appelantà ¢Ã¢â€š ¬Ã¢â€ž ¢s argument that the subst antial cause of death was the failure of the medical staff at the hospital to administer sufficient oxygen to the victim failed, on the basis that, per Schiemann LJ, there was no onus on the Crown to prove that any supervening cause, such as medical treatment, was not a substantial cause of death. In R v Cheshire (1991)[17], Bedlam LJ stated: à ¢Ã¢â€š ¬Ã…“It will only be in the most extraordinary and unusual case that such treatment can be said to be so independent of the acts of the accused that it could be regarded in law as the cause of the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s death to the exclusion of the accusedà ¢Ã¢â€š ¬Ã¢â€ž ¢s actà ¢Ã¢â€š ¬Ã‚ . In every case, it is a question of fact and degree, and is for the jury to decide, having regard to the gravity of the supervening event, and to whether the injuries inflicted by the defendant are a significant cause of death[18]. Although the medical treatment Yasin received was incompetent, therefore, Amina would still be guilty of mu rder if the wound was the operating and substantial cause of death. We are told that Yasin required life saving treatment and so we can assume this is the case. It will also be necessary to establish that the requisite mens rea existed; Amina must have either intended to kill Yasin, or intended to cause grievous bodily harm, i.e. really serious harm[19]. As for Khadija, it is not sufficient for the finding of intent that Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a natural and probable consequence of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s action; the relevant question is whether Amina did intend or foresee Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death (or the fact that Yasin would sustain grievous bodily harm). As for Khadija, the fact that Amina foresaw that Yasin would die or sustain grievous bodily harm from the stab wound to the stomach is not conclusive evidence of intention but is a relevant factor[20]. Of note here, Amina only stabs Yasin once, whereas she stabs Khadija several times à ¢Ã¢â€š ¬Ã¢â‚¬Å" this c ould perhaps indicate that she doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t intend to kill Yasin. However, it is virtually certain that Yasin would sustain grevious bodily harm from such an attack, which is all that is required for the mens rea of murder, and so it is likely to be regarded as foreseen, and therefore intended[21]. It is likely therefore that Amina will be found guilty of the murder of Yasin. Defences Provocation If Amina successfully raises the defence of provocation, this may reduce a charge of murder to one of manslaughter. The test of whether the defence of provocation is entitled to succeed is a dual one. The alleged conduct causing the provocation must (i) actually cause à ¢Ã¢â€š ¬Ã…“a sudden and temporary loss of self controlà ¢Ã¢â€š ¬Ã‚  making the defendant so subject to passion that he is not the master of his hand (the subjective test); and (ii) the provocation must be sufficient to make a reasonable man do as the defendant did (the objective test). Provocation may consist of things done or said, or both, and the question as to whether this was enough to make a reasonable man do as he did is one for the jury, taking into account everything both done and said according to the effect which, in the jurys opinion, it would have on a reasonable man[22]. The facts state that Amina found Yasin in their bedroom asleep, with another woman, Khadija, lying beside him. Of note, anyth ing can amount to provocation and so this conduct will suffice[23]. Amina goes downstairs, picks up a bread-knife, returns to the bedroom and stabs Yasin and then Khadija. The time elapsing between the provocation and the killing is relatively short[24], which suggests that there indeed was a sudden temporary loss of control. To satisfy the objective stage, it is necessary to show that a reasonable person would have reacted the same way as Amina did, and the key decision in this area is R v Smith (Morgan) (2000) 4 All ER 289. Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics can be taken into account as with regards to the gravity of the provocation and degree of self control expected. Presumably characteristics such as the repeated beatings that Amina has endured could be taken into account as a factor in explaining why Amina reacted so violently to the situation. The test requires that the jury ask whether Amina exercised what was reasonable self control for her. Jealously alone should not be taken into account[25], but Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s repeated beatings may be a factor. Previous cases show that if the defendant has endured abuse over a period of time, particularly where this has resulted in battered woman syndrome, a jury may more readily find that there was a sudden loss of control triggered by even a minor incident à ¢Ã¢â€š ¬Ã¢â‚¬Å" the incident proves to be the à ¢Ã¢â€š ¬Ã‹Å"last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the defendant[26]. It seems likely on the facts that Amina will be able to use the defence of provocation to reduce the charge to one of manslaughter. There are two counts on which Amina may wish to raise the defence of provocation. The first relates to the repeated beatings that Yasin has given her over a number of years. Diminished responsibility Amina may be able to claim diminished responsibility if she can show that at the time of the murder, she was suffering from such abnormality of mind as substantially impaired her mental responsibility[27] for her acts in carrying out the killings[28]. Abnormality of mind, means a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal[29]. The onus will be on Amina to prove the defence, but only a preponderance of probabilities must be shown[30]. If the defence is successful, Amina will be changed with manslaughter rather than murder[31]. Of note Battered womens syndrome, which was listed in the British Classification of Mental Diseases in 1994, can give rise to the defence of diminished responsibility[32]. Amina may therefore be able to use this defence on the basis that Yasin has beat her over a period of time and she is suffering from the syndrome as a result. If she is able to adduce medical evidence of the syndrome, the c ourt may accept it and this will avoid a trial for murder altogether[33]. Amina may try to get the charge reduced to manslaughter on the basis of both provocation and diminished responsibility, and if the jury does return a verdict of manslaughter, the judge may ask the jury on which ground its verdict is based or whether it was based on both grounds[34]. In conclusion, it seems that Amina would be found guilty for both the murder of Yasin and Khadija, but may have both the defences of provocation and diminished responsibility available to her, which would reduce the charge to manslaughter. - Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 18 OAPA1861 Bertram may be guilty of maliciously wounding or causing grievous bodily harm with intent, under Section 18 OAPA1861. The maximum sentence for this offence on conviction is imprisonment for life. The actus reus of the offence, either maliciously wounding or causing grievous bodily harm, usually requires a break in the surface of the skin[35]. The actions in relation to tightening a belt round Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s neck causing her to suffer from distorted vision and headaches will probably not therefore suffice for the purposes of Section 18; although the meaning of grievous bodily harm is à ¢Ã¢â€š ¬Ã…“not limited to the skin, flesh and bones of the victim, but also includes an identifiable psychiatric injuryà ¢Ã¢â€š ¬Ã‚ [36]. Whether Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s headaches and distorted vision amount to an identifiable psychiatric injury will be judged objectively, according to the ordinary standards of usage and experience, and not subjectively from the standpoint of how Ame lia would describe it[37]. The act of burning Amelia with lighter fluid will almost certainly amount to a sufficient act for this purpose however; the facts state that her injuries were serious and required skin grafts. To establish an offence under Section 18, it must also be shown that Bertram is malicious; in that he specifically intended his actions to result in some unlawful bodily harm to Amelia; not that he was just reckless as to whether the harm may occur[38]. The prosecution will have to prove that it was his purpose to do some grievous bodily harm, or that in tightening the belt round Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s neck, he foresaw such harm as at least virtually certain, permitting the jury to infer the necessary intent[39]. On the facts, it does not seem that Bertram really intended to hurt Amelia à ¢Ã¢â€š ¬Ã¢â‚¬Å" clearly his actions were for pleasure. It is unlikely that he would be found guilty under Section 18 therefore. Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 20 OAPA1861 Bertram may be guilty of the lesser offence of maliciously wounding or maliciously inflicting grievous bodily harm under Section 20 OAPA1861. The maximum sentence on conviction for this offence is five years. For this offence, again there usually will be a break in the surface of the skin[40], although as before, the question of whether the headaches and distorted vision amount to an identifiable psychiatric illness equating to grievous bodily harm will be judged objectively, according to the ordinary standards of usage and experience. Of note, in R v Burstow [1997][41], it was held that a stalker could be convicted of an offence under Section 20 even where he had not applied physical violence directly or indirectly to the body of the victim. This suggests that the headaches and distorted vision may qualify towards establishing the offence. The burns to Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s skin will certainly qualify as malicious wounding or infliction of grievous bodily harm due to their severity. The mens rea for a Section 20 offence is denoted by the word maliciously, and for Section 20, it will be sufficient to prove that Bertram intended his act to result in some unlawful bodily harm to some other person, or alternatively was subjectively reckless as to the risk that his act might result in such harm[42]. He must at very least foresee the possibility of some physical harm occurring or he will not be liable under Section 20[43]. On the facts, there is a strong possibility that Bertram would be liable under Section 20; although he is surprised by the extent of the flames, at least some physical harm would be a virtual certainty. Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 47 OAPA1861 If the Section 20 charge fails, perhaps for lack of intent, Bertram could be charged under Section 47 OAPA1861 for assault occasioning actual bodily harm. The maximum sentence for this office on conviction is five yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢ imprisonment. It will be necessary to show that Bertram assaulted Amelia, in that he caused her to apprehend an immediate infliction of violence or carried out the actual infliction of violence occasioning bodily harm. Bodily harm is defined in R v Chan-Fook [1994][44] as being any hurt or injury calculated to interfere with the health or comfort of the victim. Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s injuries, both in relation to the belt and the burns, would definitely satisfy this criteria. Liability will be established if it can be shown that Bertram has the mens rea of common assault, which is intention or recklessness. Bertram may not have intended the harm caused to Amelia but may well have been reckless as to the harm being caused, in that he was aw are of the risk of harm, and took the risk unreasonably[45]. It seems likely that, at very least, he would be guilty of an offence under Section 47 as it would be virtually certain that his actions would cause at least some harm. As a defence to his actions, Bertram may seek to argue that Amelia consented to the harm caused. The evidential burden of proof lies with Bertram who must produce evidence of consent before the judge is required to put it before the jury. R v Donavon (1934)[46] is the authority for the fact that a victim may not validly consent to physical harm if it amounts to actual bodily harm or worse, unless the activity comes within a range of policy based exceptions[47]. We have already established that Bertram is very likely to be charged with Section 20 or Section 47 OAPA1861, and so he will only be able to argue consent if it does fall within an exception. Such exceptions were considered in R v Brown [1993][48] in which a group of homosexual males were being tried for, inter alia, assault occasioning actual bodily harm and unlawful wounding under the OAPA1861 for participating in sado-masochistic practices. The Court of Appeal dismissed their appeals against conviction, but asked for guidance as to whether it was necessary for the prosecution to prove lack of consent to establish guilt under Section 20 or Section 47 OAPA1861. By a majority of three to two, the House of Lords held that consent was irrelevant; the conduct was presumptively unlawful in that it involved à ¢Ã¢â€š ¬Ã…“violence, cruelty and abnormal and perverted homosexual activityà ¢Ã¢â€š ¬Ã‚ , which was à ¢Ã¢â€š ¬Ã…“unpredictably dangerous and degrading to body and mindà ¢Ã¢â€š ¬Ã‚ . The activities fell within the definition of the offences and since injury was both intended and caused, consent was irrelevant unless the Court could find that there was a good reason to allow the activity (i.e. public policy reasons, as for sporting activities like boxing). The majority of the Lords held that there were several good reasons why the defence should not be extended to cover such activities relating, inter alia, to the risk of serious infections, injuries and spreading diseases such as AIDS there was therefore no public interest in permitting such practices. As a result, consent is a defence only to common assault where no injury is caused and or/intended but where it is intended and/or caused, it will be no defence unless there is a reason to justify it in the public interest. So far as Bertram is concerned, then, it is highly unlikely that he will successfully be able to raise the defence of consent since the practices that the assaults referred to were similarly dangerous and risked serious injury, as for those in R v Brown [1993][49], and there are no public policy reasons for allowing them. We are told that Amelia pursues Bertram for over a year with letters, cards and telephone calls begging him to return and that as a result, Ber tram suffers from anxiety and nervousness requiring psychiatric counselling; we are also told he has to give up his job for lack of concentration. The issue is whether these injuries will amount to an assault occasioning actual bodily harm under Section 47 OAPA1861. Psychiatric harm can be grievous bodily harm or actual bodily harm; this depends on its severity. In either case, expert medical evidence is required as to the extent of the harm. R v Burstow; R v Ireland (1997)[50] establishes that neuroses should be distinguished from simple states of fear or problems coping with everyday life, but where the line is drawn is a matter of psychiatric judgement. A charge under Section 47 requires proof that Amelia has committed an assault, in the sense that she has caused Bertram to apprehend immediate physical violence. This can be established by means of a phone call, even if it is silent[51]. The type of à ¢Ã¢â€š ¬Ã‹Å"stalkingà ¢Ã¢â€š ¬Ã¢â€ž ¢ she appears to be carrying out can am ount to an assault occasioning actual bodily harm, where it causes a clinical illness (as opposed to simple anxiety and stress)[52]. However, Bertram is anxious and nervous, and suffers from lack of concentration; this is unlikely to amount to a clinical illness. The facts do not suggest either the calls, cards and letters cause him to apprehend physical violence. Merely causing him to feel uncomfortable will not suffice. If therefore the actus reus of assault is not established, the charge under Section 47 of OAPA1861 fails, as does any possible common assault charge. Even if it can be shown that Bertram did apprehend immediate physical violence, it must also be shown that Amelia intended this, or was at least aware of the risk that Bertram might suffer this harm[53]. The facts state that Amelia simply wants Bertram back; they do not suggest that her communications are in any way threatening or unpleasant, and so it seems unlikely that she will be guilty of assault for her actio ns. She may however be liable under the Protection From Harassment Act 1997, which provides that a person must not pursue a course of conduct which amounts to harassment of another person, and which they knows or ought to know amounts to harassment of the other. The sort of conduct that might qualify for this offence will include causing Bertram distress[54] which appears to be the case here. The test is an objective one and asks whether a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other[55]. The reasonable person referred to is a hypothetical reasonable person who is not endowed with the defendants standards or characteristics[56]. On the facts it seems that Amelia would likely be guilty of harassment under the Protection from Harassment Act 1997. In conclusion, it is likely that Bertram would be liable under Section 20 of the OAPA1861, or possibly Section 47 if the Section 20 charge fail ed for lack of intent. The defence of consent will not be available because of the practices concerned. Amanda is unlikely to be guilty of any offences under the OAPA1861 but may be guilty under the Protection from Harassment Act 1997 for causing Bertram distress. Bibliography Douglas, G Molan, M (2005/6) Criminal Law (4th Edition) Oxford University Press, Oxford Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Criminal Law, Evidence and Procedure 2. Offences Against the Person (1) Homicide (ii) Murder 89. The Elements Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 94. Provocation as defence to murder charge Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 96. Diminished responsibility as defence to murder charge. Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (ii) Wounding or Causing Grievous Bodily Harm with Intent 119. Constituents of wounding etc with intent Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (xi) Harassment 152. Prohibitions of harassment and offence of harassment Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (ii) The Criminal Conduct 6. Causation Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (iii) The Mental Element 13. Proof of intention and foresight Table of Cases A-Gs Reference (No 6 of 1980) [1981] 2 All ER 1057 Chan Kau v R [1955] AC 206, [1955] 1 All ER 266, PC DPP v Smith [1961] AC 290, 44 Cr App Rep 261, HL Luc Thiet Thuan v R [1997] AC 131, [1996] 2 All ER 1033, PC Mancini v DPP [1942] AC 1, 28 Cr App Rep 65, HL MLoughlin (1838) 8 C P 635 Moriarty v Brooks (1834) 6 C P 684 R v Doughty (1986) 83 Cr App R 319 R v Adams (1957) unreported, summarised at [1957] Crim LR 375 R v Belfon [1976] 1 WLR 741 R v Brown [1993] 2 All ER 75 R v Brown, R v Stratton [1998] Crim LR 485, CA. R v Burstow; R v Ireland (1997) 4 All ER 225 R v Byrne [1960] 2 QB 396, 44 Cr App Rep 246, CCA R v Chan-Fook [1994] 2 All ER 552 R v Cheshire (1991) 3 All ER 670 R v Colohan [2001] EWCA Crim 1251, [2001] 2 FLR 757, [2001] Crim LR 845; R v Constanza [1997] Crim LR 576 R v Cox [1968] 1 All ER 386, 52 Cr App Rep 130, CA R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL R v Donavon (1934) 2 KB 498 R v Dunb ar [1958] 1 QB 1, 41 Cr App Rep 182, CCA R v Dyson [1908] 2 KB 454, 1 Cr App Rep 13, CCA R v G [2003] UKHL 50, [2004] 1 AC 1034, [2004] 1 Cr App Rep 237 R v Gibbins, R v Proctor (1918) 13 Cr App Rep 134, CCA R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. R v Hayward (1833) 6 C P 157 R v Hennigan [1971] 3 All ER 133, 55 Cr App Rep 262, CA R v Hobson [1998] 1 Cr App Rep 31, CA R v Ireland, R v Burstow [1998] AC 147, [1998] 1 Cr App Rep 177, HL R v Jordan (1956) 40 Cr App R 152 R v Matheson [1958] 2 All ER 87, 42 Cr App Rep 145, CCA; R v Mellor (1996) 2 Cr App R 245 R v Mowatt [1968] 1 QB 421 R v Savage; DPP v Parmenter [1991] R v Savage; R v Parmenter (1991) 3 WLR 914 R v Smith (1959) 2 All ER 193 R v Smith (Morgan) (2000) 4 All ER 289 R v Thornton (No 2) [1996] 2 All ER 1023, [1996] 2 Cr App Rep 108, CA R v Woollin (1998) 4 All ER 103 Woolmington v DPP [1935] AC 462, 25 Cr App Rep 72, HL Footnotes [1] R v Gibbins, R v Proctor (1918) 13 Cr App Rep 134, CCA [2] Woolmington v DPP [1935] AC 462, 25 Cr App Rep 72, HL; Mancini v DPP [1942] AC 1, 28 Cr App Rep 65, HL [3] Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Criminal Law, Evidence and Procedure 2. Offences Against the Person (1) Homicide (ii) Murder 89. The Elements [4] R v Dyson [1908] 2 KB 454, 1 Cr App Rep 13, CCA; R v Adams (1957) unreported, summarised at [1957] Crim LR 375: Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (ii) The Criminal Conduct 6. Causation [5] Chan Kau v R [1955] AC 206, [1955] 1 All ER 266, PC [6] DPP v Smith [1961] AC 290, 44 Cr App Rep 261, HL [7] R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL [8] Criminal Justice Act 1967 Section 8; Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (iii) The Mental Element 13. Proof of intention and foresight [9] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. [10] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL; Halsburys Laws of England: 13. Proof of intention and foresight [11] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL [12] R v Hennigan [1971] 3 All ER 133, 55 Cr App Rep 262, CA [13] Halsburys Laws of England: 7. Causation [14] R v Jordan (1956) 40 Cr App R 152 [15] R v Smith (1959) 2 All ER 193 [16] R v Mellor (1996) 2 Cr App R 245 [17] R v Cheshire (1991) 3 All ER 670 [18] Douglas Molan, p.57 [19] R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL [20] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. [21] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL; Halsburys Laws of England: 13. Proof of intention and foresight [22] Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 94. Provocation as defence to murder charge [23] R v Doughty (1986) 83 Cr App R 319 [24] R v Hayward (1833) 6 C P 157 [25] R v Smith (Morgan) (2000) 4 All ER 289 [26] R v Thornton (No 2) [1996] 2 All ER 1023 at 1030, [1996] 2 Cr App Rep 108 at 116, CA, per Lord Taylor CJ; Luc Thiet Thuan v R [1997] AC 131 at 141, [1996] 2 All ER 1033 at 1047, PC [27] R v Byrne [1960] 2 QB 396 at 403, 44 Cr App Rep 246 at 252, CCA [28] Homicide Act 1957 s 2(1) [29] R v Byrne [1960] supra [30] R v Dunbar [1958] 1 QB 1, 41 Cr App Rep 182, CCA [31] Homicide Act 1957 s 2(3) [32] : R v Hobson [1998] 1 Cr App Rep 31, CA [33] R v Cox [1968] 1 All ER 386, 52 Cr App Rep 130, CA [34] R v Matheson [1958] 2 All ER 87, 42 Cr App Rep 145, CCA; Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 96. Diminished responsibility as defence to murder charge. [35] Moriarty v Brooks (1834) 6 C P 684; MLoughlin (1838) 8 C P 635 [36] R v Ireland, R v Burstow [1998] AC 147, [1998] 1 Cr App Rep 177, HL: Halsburys Laws o f England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (ii) Wounding or Causing Grievous Bodily Harm with Intent 119. Constituents of wounding etc with intent [37] R v Brown, R v Stratton [1998] Crim LR 485, CA. [38] R v Belfon [1976] 1 WLR 741 [39] R v Woollin (1998) 4 All ER 103 [40] Moriarty v Brooks (1834) 6 C P 684; MLoughlin (1838) 8 C P 635 [41] R v Burstow [1997] 4 All ER 225 [42] R v Mowatt [1968] 1 QB 421; R v Savage; DPP v Parmenter [1991] [43] R v Savage; DPP v Parmenter [1991] 4 All ER 698 [44] R v Chan-Fook [1994] 2 All ER 552 [45] R v G [2003] UKHL 50 at [41], [2004] 1 AC 1034 at [41], [2004] 1 Cr App Rep 237 at [41] per Lord Bingham of Cornhill [46] R v Donavon (1934) 2 KB 498 [47] See also A-Gs Reference (No 6 of 1980) [1981] 2 All ER 1057 [48] R v Brown [1993] 2 All ER 75 [49] R v Brown [1993] 2 All ER 75 [50] R v Burstow; R v Ireland (1997) 4 All ER 225 [51] R v Burstow; R v Ireland, supra [52] R v Constanza [1997] Crim LR 576 [53] R v Savage; R v Parmenter (1991) 3 WLR 914 [54] Protection from Harassment Act s 7(2) [55] Protection from Harassment Act s 1(2) (as amended) [56] R v Colohan [2001] EWCA Crim 1251, [2001] 2 FLR 757, [2001] Crim LR 845; Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (xi) Harassment 152. Prohibitions of harassment and offence of harassment