Serious Bodily Harm is one grade of person to person damage that goes from Assault (ie being pushed), serious bodily harm (being pushed so it hurts), grievous bodily harm (being damaged enough to need medical care), manslaughter and then murder.
If her arm hurt or was bruised, then legally it might be construed as SBH.
How do they make out the mens rea if somebody gets pushed slightly, and the harm comes when that somebody subsequently falls and injures another part of the body? I've always imagined (probably wrongly) that the harm would be related directly to the impact of a first or weapon on some particular part of your body. Not so much difficulty there with the actus reus and mens rea.
Thank you for a clearer example, but not exactly the situation I was thinking of.
If person A was pushing person B away from themselves, I suppose it could be assault if unprovoked, or self-defence if person B was attacking person A, but if person B subsequently falls, which was not person A's intention, could you now upgrade the mens rea from assault to serious bodily harm is my question. I think that would clearly differ from where somebody was being shoved into the path of an oncoming train, where serious harm is highly likely to occur.
If person A shoves person B when a reasonable person might think Person B might fall and be injured, and Person B is injured, then it could be construed as SBH.
If person A shoves person B with the intention of injury and person B is injured, then it is also SBH.
In the second case, the relevant intention would be taken into account to during sentencing.
Btw: not a lawyer. This is my understanding based on being a victim of SBH when much younger.
They had plenty of my sympathy. It’s not quite gone yet but when I receive emails telling my my company is considering relocating I stand up and take notice.
They are turning this place into a shit hole and a place where tourists and businesses alike are starting to turn away from. I don’t understand how people cannot see how counterproductive this is.
This is where we differ. This place is turning into a shit hole, agreed. But it's because of the government's decades-long kowtowing to their northern masters and local tycoons, culminating in their total and wilful mismanagement of the current crisis.
I don't think there's much that the protestors can do that is productive- they've tried peaceful resistance back in 2015 and it got them nowhere. I don't think violence is the answer either, but why do you expect them to just sit back and passively watch their society and social institutions continue to be dismantled before their eyes without taking the only form of action left available to them? They've tried everything else.
Last edited by jgl; 17-11-2019 at 05:44 PM.
She got shipped to Beijing for surgery
https://twitter.com/XinqiSu/status/1201812778509430785