can you be charged more than once for assault occ actual bodily harm?
i am researching for a case, where the victim was swept away by the current and, although he was pulled from the river, his breathing had stopped. His breathing was restarted by mouth-to-mouth resuscitation, and the end result was that he suffered permanent brain damage.
So would this amount to 2 charges of assault occ actual bodily harm; one for the breathing having stopped, and one for the brain damage.
or would it just be one overall charge of assault occ abh???
2007-03-22 00:08:50 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
sorry my fault for not providing enough info - the victim had been assulted and in an attempt to escape, he had leapt into the nearby river - hence getting carried away by the current..... eventually resulting in him having brian damage
2007-03-22 10:43:44 · update #1
What you don't say is were the ABH comes into this. Presumably the victim was hit and fell into the river. If I were researching this, I'd be looking up the cases on foreseeability. There is only one act of assault and the assailant has face the consequences, as it is quite foreseeable that someone falling into a river could knock his head, drown, etc. etc. You might find this useful. http://www.jaapl.org/cgi/reprint/31/3/327.pdf
2007-03-22 01:45:44 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
I am not understanding the question. A person was swept away by the current, meaning like in a stream or river or maybe a rain runoff? Then they are given mouth to mouth to save their life but suffered brain damages? Where is the assault? Do you have your wording right? No assault has taken place. If you mean the person saving them then they are protected under the Good Samaritan Act as long as they had an idea how to do CPR., now if they performed brain surgery and were a cashier at 7/11 then I'd see it.
I don't get your question.
2007-03-22 09:06:47 · answer #2 · answered by dude0795 4 · 0⤊ 0⤋
it depends on your state they could run them concurent to make 2 charges so my advice to you is to get a lawyer because since the person has permanent brain damage ill pray that they dont try to add murder because most people who suffer barin damage have to be on a ventalater breathing machine ill pray for your friend
2007-03-22 08:37:22 · answer #3 · answered by kambueno01 3 · 1⤊ 0⤋