An Examination of Potential Defendant Liability Under Sections 2-4 Inclusive of the Non-Fatal Offences Against the Person Act 1997
Introduction
This essay will provide a comprehensive analysis of the liability of Bernie in the case of Bernie v Murt under sections 2-4 inclusive of the Non-Fatal Offences Against the Person Act 1997.
Case Summary
This case involves an injury sustained to the plaintiff, Murt. This injury resulted from a kick executed by the plaintiff’s housemate and defendant in this case, Bernie. The defendant alleges that he wished to demonstrate his tight control of his high kicks, a skill recently acquired through martial arts lessons, and the plaintiff provided his consent for the defendant to demonstrate this. The defendant states that the kick was intended to come close to the plaintiff’s face but not to make contact with the plaintiff at all. The defendant informed the plaintiff that he believed there was no risk to the manoeuvre, a fact which the plaintiff acknowledges. The kick executed did indeed make contact with the plaintiff’s face, resulting in bleeding from the lip and an apparent loose tooth. The plaintiff did not seek medical advice until a week later, when his pain increased. Due to an infection of his tooth sustained from the kick, the removal of the affected tooth was necessary.…show more content… However, this section also states that ‘no such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person’. It appears to be the case then, that while indeed the defendant may be liable for the application of force to the plaintiff, his liability may be