Not Possible For Person To Consent Bodily Harm - Free Essay Example

Sample details Pages: 5 Words: 1487 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Critical essay Did you like this example? Critically examine the statement above with reference to cases and articles that support your arguments. Theoretically consent is available to murder and all non-fatal offences against the person. However in actuality, consent could not be used for anything more than assault and battery. Essential questions of morality and ethics are raised by the degree to which the state be supposed to employ criminal sanctions to restrict a sane adult in his/her consent to the infliction of harm on his/her person. On the basis of public policy, English Law confines the legitimacy of consent by reference to the level of harm and the circumstances in which it is inflicted.  [1]  It is in respect of the deliberate infliction of physical harm that the law has encountered difficulties in determining where the line should be drawn to mark the limits of personal autonomy. The matter is complicated further by questions as to what constitutes informed consent, and whether the law do es and should distinguish between consent to inevitable physical harm and consent to the risk of harm.  [2]  The law strives to achieve a balance between personal autonomy; i.e. the right of individuals to control what happens to them, and prevention of harm (to individuals and to society).  [3]  Factual consent to actual bodily harm or more serious levels of harm; i.e. wounding, serious harm, death, is not lawfully accepted unless the activity concerned is one which the courts or Parliament have recognised to be in the public interest.  [4]  The Law Commission propose raising the level of harm to which a person is entitled to consent in general circumstances to harm falling below a new concept of serious disabling injury. The Court of Appeal stated in the case of Attorney-Generals Reference (No. 6 of 1980)  [5]  , that It is not in the public interest that people should try to cause or should cause each other actual bodily harm for no good reason. Minor struggles are another matter. Soit is immaterial whether the act occurs in private or in public; it is an assault if actual bodily harm is intended and/or caused. This means that most fights will be unlawful regardless of consent. The question raised is not just whether the victim consented but also whether there was nothing contrary to the public interest in what the defendant did. The expression no good reason can be said to be vague and unhelpful. Reasonable people may differ in their opinion as to whether one type of behaviour, for example tattooing, can be seen as good or not. In the case of R v Brown  [6]  , It can be assumed that the majority apparently started from the proposition that all harm was criminal unless there was a good reason, whereas the minority preceded from the basis that harm to which the victim consented was lawful unless there was a good reason from punishing the accused.  [7] Even though the language utilized in the cases mentioned above cases mirrors thi s restrictive approach, the general pattern of immunity reflects a more libertarian emphasis. Harmful activities as difficult to justify as tattooing, circumcision, boxing and dangerous horseplay are all considered lawful, while it would be an unusual claim to persist that such activities were needed in the public interest. It is probably more accurate to say that positive public policy reasons in favour of the activity are necessary only in the case of intentional harms.  [8] The law does not prohibit all force on the person, but only the unlawful use of force. For example parents may punish their children moderately. The law is bases on reasonableness, yet it may well not reflect public opinion. In the Case of R v Donovan  [9]  , Swift J stated that with some exceptions: It is an unlawful act to beat another person with such a degree of force that the infliction of bodily harm is a probable consequence and when such an act is proved, consent is immaterial. In this case th e defendants canning of the victim with her consent for their mutual sexual enjoyment rendered him liable under section 47 of the Offences Against the Person Act 1861.  [10] The basic rule stated by Lord Lane CJ in Attorney-Generals Reference (No. 6 of 1980)  [11]  , where the victim suffered actual bodily harm in the form of a bloody nose: the accused is guilty of a crime even though the victim has consented if actual bodily harm is intended and/or caused. This principle was approved by the House of Lords in the Landmark case of R v Brown  [12]  . It should be noted that Lord Lane CJs proposition covered a situation where the accused does not intend and is not reckless as to occasioning actual bodily harm. It is sufficient that such harm occurs. The use of and/or is a strange one. It correct, it means that an accused will not be able to rely on the victims consent if he intends actual bodily harm but such injury does not happen. Therefore, it can be stated that in prin ciple, consent is a defence to assault and battery, as indeed the House of Lords held in R v Brown  [13]  and, therefore, if no actual bodily harm is occasioned, the accused should not be guilty of assault occasioning actual bodily harm. Intending an offence is not the same as committing an offence.  [14] If the accused lacked the mens rea for the offence, he is not guilty even though the victim has consented in fact to behaviour she could not in law consent to. This can be seen through the case of R v Slingsby  [15]  , where the accused was not guilty of constructive manslaughter because he gave no thought to any risk of injury when he penetrated the victims anus and vagina with his and his ring cut her. He had no mens rea for the offence of wounding on which the charge was based. Therefore, he was not guilty of manslaughter. In this case the issue of consent was irrelevant.  [16]  Therefore, a fair assumption would be that if there was not mens rea present then co nsent would be irrelevant as a defence. In the case of Attorney-Generals Reference (No. 6 of 1980)  [17]  , Lord Lane CJ proposed that the exceptional categories where bodily harm could be consented to were all categories where the activity concerned was of social benefit and consequently advantageous to the public interest.  [18] Harmful activities as difficult to justify as tattooing, circumcision, boxing and dangerous horseplay are all deemed lawful although it would be an unusual claim to insist that such activities were needed in the public interest. It is probably more accurate to say that positive public policy reasons in favour or the activity are necessary only in the case of intentional harms. The law commission proposed that if a seriously disabling injury resulted, consent should be invalid on the ground that the victim had not truly consented to it because such harm is contrary to his interests. A major criticism of this proposal is that the level of harm to which the victim can consent is high. A seriously disabling injury is not minor harm. No account is to be taken of whether the injury was remediable by surgery or not. Consent to lesser injuries would be allowed provided that it was valid and was consent to the type of injury caused.  [19] The Mode Penal Code view is that consent of the victim negates the crime if the consent precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.(M.P.C 2.11(1)). More particularly, the Code provides that where a crime involves threatened or actual bodily harm, consent is a defence it the bodily harm is not serious or part of a lawful athletic contest or competitive sport.  [20] In Brown, sadomasochists who had engaged in consensual beatings and genital torture which had not resulted in any participant receiving medical attention were convicted of offences of assault occasioning actual bodily harm. The House of Lords, by a majority of 3 to 2 upheld the convictions. By doing so the House of Lords recognised certain categories of activity in which the law would recognise effective factual consent to injury as valid in law.  [21]  These include surgery, sports, horseplay, body modification, religious flagellation and the risk of sexually transmitted diseases. The case of Brown was considered by the European Court of Human Rights in Laskey v United Kingdom,  [22]  with the Court unanimously holding that the prosecution, conviction and sentence did not contravene Article 8 of the Convention. The Court doubted whether the activities even fell within the protection of Article 8. On the assumption that they did, the Court concluded that the prosecution was necessary and proportionate to the legitimate aim of the protection of health and possibly also the protection of morals. The Court recognised that the margin of appreciation provided national courts the scope to prescribe the level of physical harm to which the l aw should permit an adult to consent.  [23] Don’t waste time! Our writers will create an original "Not Possible For Person To Consent Bodily Harm" essay for you Create order

Feminine Roles in Othello Essay - 1885 Words

Feminine Roles in Othello A variety of roles have women in them in William Shakespeare’s tragic drama Othello. Let us in this essay examine the female characters and their roles. One key role for the heroine of the drama, Desdemona, is to support the general. David Bevington in William Shakespeare: Four Tragedies enlightens us about the hero’s dependence on Desdemona: Othello’s most tortured speeches (3.4.57-77, 4.2.49-66) reveal the extent to which he equates the seemingly betraying woman he has so depended on for happiness with his own mother, who gave Othello’s father a handkerchief and threatened him with loss of her love if he should lose it. Othello has briefly learned and then forgotten the†¦show more content†¦(1.1) Here is seen another role or function of women in the drama – that of comforter for the aged. Brabantio is the old father, and he hates to lose the comforting services of his Desdemona. The daughter’s husband Othello expresses his sentiments to Iago regarding his relationship with the senator’s daughter, saying that I love the gentle Desdemona, I would not my unhoused free condition Put into circumscription and confine For the seas worth. (1.2) In other words, he greatly appreciates his Desdemona in the role of wife. Once that Brabantio has located Othello, the father presses charges publicly in order to have Desdemona returned: To prison, till fit time Of law and course of direct session Call thee to answer. (1.2) The proceedings which take place before the Duke of Venice cause the young wife to assume a heretofore-unheard-of role for herself – that of barrister. She is compelled by the situation to stand before the senators and duke, members of the City Council of Venice, and present her side of the story in a convincing manner. As a lawyer she does remarkably well. Brabantio’s rage, among other reasons, necessitate that Desdemona live with Iago and Emilia during the Moor’s campaign in Cyprus against the Turks. While awaiting the arrival of Othello’s ship at the seaport of Cyprus, Desdemona shows herself anShow MoreRelated Feminine Roles in Othello Essay1310 Words   |  6 PagesFeminine Roles in Othello  Ã‚        Ã‚   A variety of roles have women in them in William Shakespeare’s tragic drama Othello. Let us in this essay examine the female characters and their roles.    One key role for the heroine of the drama, Desdemona, is to support the general. David Bevington in William Shakespeare: Four Tragedies states the hero’s dependence on Desdemona:    Othello’s most tortured speeches (3.4.57-77, 4.2.49-66) reveal the extent to which he equates the seemingly betrayingRead MoreEssay about The Effects of Femininity1571 Words   |  7 Pagesideas of femininity have on literary texts, we must first acknowledge what the term means. 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Power Systems Energy Converters and Drives

Question: Prepare a critical appraisal report comparing the following alternative network reinforcement methods: A) The existing case, no reinforcement, Figures A3A-n (n=1 to 3). ERACS network code: A3A B) A 25 MVAr capacitor, B4Comp, on B4 for reactive compensation, Figs A3B-n. ERACS network code: A3B C) A second 33 kV line, L2, identical to L1 between buses B2 and B3, Figs A3C-n. ERACS network code: A3C D) Use of both methods (C) and (D) above to control B4 voltage, Figs A3D-n. ERACS network code: A3D Answer: Infinite Bus: An infinite bus means a large system whose voltage and frequency remains constant independent of the power exchange between the synchronous machine and the bus, and independent of the excitation of the synchronous machine. A synchronous machine (generating or motoring) while operating at constant power supplies positive reactive power into the bus bar (or draws negative reactive power from the bus bar) when overexcited. An under excited machine, on the other hand, feeds negative reactive power into the bus bar(or draws positive reactive power from the bus bar). The existing radial network is represented with four bus bars on a 100 MVA, 50 Hz base. The supply is represented as an infinite bus, nominal voltage 132 kV, a fault level of 2000 MVA and X: R ratio of 20 (bus B1/INF and generator Inf Bus), which under certain worst-case supply conditions may fall to a voltage of 0.98 pu. A single 132/66 kV transformer (T1) and 66 kV feeder line (L1) supplies the load on B4 at 33 kV via a 66/33 kV step down two winding transformer (T2) between B3 and B4. The design load on B4 is rated at 30 MVA at 0.8 pf lag. Generally, for a load with a power factor of less than 0.95 more reactive powers is required. For a load with a power factor value higher than 0.95 is considered good as the power is being consumed more effectively and a load with a power factor of 1.0 or unity is considered perfect and does not use any reactive power. Thus the existing network and plant are in need of review so that additional load can be supplied at B4 without allowing the voltage at the 33 kV busbar B4, to fall below 1.0 pu. Three reinforcement methods have been considered: A 25 MVAr capacitor, B4Comp, on B4 for reactive compensation or shunt compensation. A second 33 kV line, L2, identical to L1 between buses B2 and B3 Both the above methods to control B4voltage Shunt Compensation: Reactive power can be leading or lagging. While it is the active power that contributes to the energy consumed, or transmitted, reactive power does not contribute to the energy. Reactive power is an inherent part of the total power. Reactive power is either generated or consumed in almost every component of the system, generation, transmission, and distribution and eventually by the loads. The impedance of a branch of a circuit in an AC system consists of two components, resistance and reactance. Reactance can be either inductive or capacitive, which contribute to reactive power in the circuit. Most of the loads are inductive, and must be supplied with lagging reactive power. It is economical to supply this reactive power closer to the load in the distribution system. Reactive power compensation in power systems can be either shunt or series. Shunt capacitors are employed at substation level for the following reasons: 1. Voltage regulation - The main reason that shunt capacitors are installed at substations is to control the voltage within required levels. As the load varies, voltage at the substation bus and at the load bus varies. Since the load power factor is always lagging, a shunt connected capacitor bank at the substation can raise voltage when the load is high. The shunt capacitor banks can be permanently connected to the bus (fixed capacitor bank) or can be switched as needed. Switching can be based on time, if load variation is predictable, or can be based on voltage, power factor, or line current. 2. Reducing power losses- Compensating the load lagging power factor with the bus connected shunt capacitor bank improves the power factor and reduces current flow through the transmission lines, transformers, generators, etc. This will reduce power losses (I2R losses) in this equipment. 3. Increased utilization of equipment- Shunt compensation with capacitor banks reduces kVA loading of lines, transformers, and generators, which means with compensation they can be used for delivering more power without overloading the equipment. Thus as per the values calculated after having 25MVAr capacitor and B4 compensator the values of load/B4 voltage magnitude and of B3 and B2 is .998 to 1.00pu, which is the desired and basic requirement of the sample radial network. Thus the voltage at B4/load is not falling below 1.0pu. Series Compensation: Series compensation is defined as insertion of reactive power elements into transmission lines and provides the following benefits: Reduces line voltage drops Limits load-dependent voltage drops Influences load flow in parallel transmission lines Increases transfer capability Reduces transmission angle Increases system stability Series compensation aims to directly control the overall series line impedance of the transmission line. The AC power transmission is primarily limited by the series reactive impedance of the transmission line. A series-connected can add a voltage in opposition to the transmission line voltage drop, therefore reducing the series line impedance. It is easy to see that capacitor reduces the effective line reactance. Reactive voltage drops of a series reactance added in a line is I2X. It is positive if X is inductive and negative if X is capacitive. So a series capacitive reactance reduces the reactance voltage drop of the line. Thus voltage drop in a line gets reduces (gets compensated) i.e. minimization of end voltage variation and prevents voltage collapse. Thus from the above outputs we can see that the voltage at B4 is maintained at 1.0 pu. So the adding of a same KV line in parallel to the existing line, also minimize the voltage drop in the line. When both the reinforcements are used simultaneously i.e. B4 compensator and a 33KV addition line the load voltage is .996 pu which is nearly to 1.0 pu. But the better results are shown when these reinforcements opted individually. The existing network additional load can be supplied at B4 without allowing the voltage at the 33 kV bus bar B4, to fall below 1.0 pu by implying any of the above methods.

The Fred Factor free essay sample

The author, through stories about Fred and others like him, reveals the four basic principles that will help us bring fresh energy and creativity to our life and work. The first principle is everyone makes a difference. It doesn’t matter how large an organization is, an individual can still make a difference. Nobody can prevent you from being exceptional. (Sanborn, 2004) I’m reminded of an individual who I hired while he was still in high school. At the age of sixteen, Randy was one of the hardest working people in our manufacturing plant. His initial job was sweeping floors within the sewing department of the facility. He was happy to be there and glad to have a job. Working in one of the lowest level jobs within the organization gave pride and meaning to this young man. His hard work and positive attitude eventually took his position to department head of our knitting operation. We will write a custom essay sample on The Fred Factor or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page We see this same frame of mind with Fred the Postman. By making a positive difference in the lives of others, individuals like Fred and Randy are what every co-worker or customer enjoys. Setting a higher standard is more challenging than simply achieving the status quo. Withstanding the criticism of those who are threatened by your achievement depends not on your title, but on your attitude. (Sanborn, 2004) The second principle states that success is built on relationships. It’s easy to see why Fred was everyone’s favorite postman. His relationship with the people on his route became a personalized service. Our mission statement at Keen Promotions is â€Å"To provide creative-proactive solutions to present and potential customers by maintaining ongoing partnerships and relationships with a commitment to trusted-quality products, timely delivery, and exceptional customer service. The key word in this statement is â€Å"relationships†. In today’s marketplace, simple selling products to customers are not enough to keep a competitive advantage. We must give personalized service and establish long term relationships. You must continually create value for others, and it doesn’t have to cost a penny. We see Fred defining this principle by his general demeanor. Fred always has a smile, a hello, and a helping hand for those customers who consider him to be a good friend not just the neighborhood postman. Shopping at Sam’s Club, as my wife and I generally find ourselves doing over the weekends, brings to mind a clerk who didn’t greet us or even say thank you while we were checking out from shopping. I actually walked out of the store mad and had the feeling my business was not appreciated. In contrast, when shopping next door in Wal-mart just 30 minutes later, one of the nicest, most helpful persons checked out our groceries and the feeling was exactly the opposite. It doesn’t cost anything to say thank you or hope to see you soon. In many cases, the most elementary courtesy can make all the difference in a customer’s future business. You can reinvent yourself regularly we learn is the final principle. Sanborn uses Fred as his inspiration when he is feeling life is at a low tide. He believes and rightfully so, no matter what job you hold, what industry you work in , or where you live, every morning you wake up with a clean slate. You can make your business, as well as your life, anything you choose it to be. That’s what he calls the Fred Factor. (Sanborn, 2004) We all need that person we deem the Fred Factor that inspires us during the low points in our life. By following these principles and by learning from and teaching other Freds, you, too, can excel in your career and make your life extraordinary. As the author makes clear, each of us has the potential be a Fred. The Fred Factor  shows us how to seize the chance to be extraordinary. It would be superb if everyone who reads The Fred Factor would adapt their own work habits to become a Fred. And just imagine the possibilities, if fellow colleagues were inspired by the difference it made, and then followed suit to also commit to that change. This would give companies such an edge in the marketplace, as customers would certainly spend their money with teams that gave such excellent service. It isn’t easy to change certain work habits, especially if someone has been in a rut, maybe for years. But part of the potential enjoyment that could be brought about is by making others happy, is to re-invent yourself and your job. How can one change what is currently being done to give more value, and thus give more satisfaction? After reading the book some may think that this only applies to customer facing roles, particularly salesmen. But most with a job that deals with other departments will find this works just as well and is just as important. Take time to find out how other departments work. What information is currently provided, and how it is used by others? Finding out what is important and what else could be provided can make others job easier hence most will look upon this person as a valued colleague. Continually providing value to other colleagues will breed optimism for those to ask for more participation in interesting projects that are reserved for those in higher levels. What must always be remembered though is that the reward for adapting your work habits to the benefit of others is the satisfaction that it gives you in doing the best job that you can. If other benefits follow, then that is all well and good, but that is not the aim of the practice. The book demonstrates the importance in making everything you do significant. Four steps to create Freds. The first  Find  them, The Fred Factor instructs one on how to find Freds by creating a place that attracts them, how to recognize a dormant Fred, and how to hire them. Next step  Reward  them, this step is self explanatory, if you want Freds to stay around you should reward them. The third step is to  Educate  them. The Freducation process starts with finding examples to develop the art of being extra ordinary, understanding what works, teaching The Fred Factor as a form of daily miracle working, and finally pull, don’t push people as you invite them to practice these principles. The last step is to  Demonstrate. We must be the example to inspire our fellow employees. These four simple steps just happen to spell  the name Fred. When you are a Fred, Freds are more likely to find you. Maybe the greatest challenge is to put these principles and steps into the life of those who have always been the opposite of a Fred. These principles and steps are critical for anyone entering a management level job. Who has made the biggest difference in your life? Whose words and actions have uplifted and motivated you to excel? Chances are it was someone like Fred the postman. So outstanding in his service that Mark Sanborn realized this mail carrier could be an example for any person wanting to be extraordinary. References: Sanborn, M. (2004). Fred Factor. Doubleday. The Fred Factor free essay sample How Passion in Your Work and Life Can Turn the Ordinary Into the Extraordinary, Mark Sanborn, a motivational speaker and the author of the book, tells the story of Fred. Fred is a mailman that Sanborn met in his home town of Denver, Colorado. However, this was no ordinary mailman. Fred always went the extra mile to serve, connect, and befriend all of his customers. Sanborn was astounded by everything Fred did for him to make sure his mail was delivered the most convenient way possible. Sanborn looked at what defined Fred and came up with four principles; success is built on relationships, everyone makes a difference, you can reinvent yourself regularly, and you must continually create value for others. This book at its core is about teaching the reader how to be more like Fred in their everyday activities as well as their professional careers. Sanborn gives many examples of â€Å"Freds† he has encountered and he gives the reader a good idea of what it means to be a Fred. We will write a custom essay sample on The Fred Factor or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Sanborn goes on to lay out what a Fred is, how to become a Fred, and how to develop other Freds. The book was very easy to follow which made understanding what a Fred is very simple. I can relate to this book in a very positive way. Sanborn’s Fred principles made me take a step back and realize if I apply some of the principles and ideas talked about in this book I will have greater successes in school and in life itself. The Fred Factor talks about doing more than what is necessary to just get by. Right now I am doing well in my classes, and I am learning what I need to know to make preferable grades on my tests. If I really start to apply myself and learn not only what I need to know for the tests but how to apply this knowledge when I get out into the real world, my time in school will become much more valuable. One of the four Fred principles is that success is built on relationships. After reading this book I have made it one of my goals to build friendly relationships with my teachers and other professional people I have shied away from in the past. If I begin building strong relationships with people it will only help my future in the classroom as well as the professional world. I found The Fred Factor to be a very interesting book for the most part. I learned a lot of valuable lessons in the book that I will apply in the future. These lessons will help me be a more successful person. The book has really opened my eyes to thinking outside the box, and always wondering what I can do help the people I encounter in the workplace have an enjoyable experience. I did however find some portions of the book to be very repetitive. I felt that Sanborn repeated himself quite often it many parts of the book. I understand that he wanted to emphasis parts of the Fred way of life but the repetitive nature of got somewhat annoying at times. I would still recommend this book to spite some the repetitiveness. You can get a lot of valuable lessons and ideas from the book if you choose to apply the principles Sanborn lays out.