Legal Method Skills & Reasoning Coursework Example | Topics and Well Written Essays - 1000 words

Legal Method Skills & Reasoning - Coursework ExampleConsequently, her application for look into of CICAs decision by the First Tier Tribunal - Social Entitlement Chamber, and the decision held by the Upper Tribunal -Administrative Appeals Chamber is refused on the grounds that, CICAs decision was in conformity with the requirements of s.20 of the Offences Against the Person feign 18612. There are, therefore, three principal issues before the Court of Appeal. The first issue is an interpretation of s.20 of the Offences Against the Person Act 18613. The second issue is the determination of whether psychiatric illness may constitute bodily harm within the meaning of the section 20 and section 474. The terzetto issue is for the court to decide whether, with the provisions of The Criminal Injuries Compensation Scheme 2001, psychiatric illness is deemed a mental lesion and whether Petals injury fall under the qualifications of mental for which award of compensation was warranted5. In g iving its judgment, CICA stated Petals application for compensation is declined because that her injury was not attributable to a crime of violence and, in any event, her injury was not a mental injury for which compensation could be paid. Facts The facts of Petals reason are well set out in the reported judgment of CICA therefore, I would only offer a brief and short description of the facts. Orlando manufacturing and Petal Agatha Scissor, a 20 year old student at UEA, met through an online dating service. They started dating and soon were involved in a familiar encounter, had unprotected sex-without a condom-, on their very first date. At the time, Petal nothing about her partner, only that he had working in South Africa and had and returned to England. Orlando Fiction and Petal Agatha Scissor had multiple, frequent unprotected. Orlando, months later, died in a road accident. Through Orlandos mother-who she met at Orlandos funeral-Petal learned that Orlando had been HIV positi ve and was not under antiretroviral drugs. After six months of medical tests, it was conclusively determined that Petal was not HIV infected. This experience resulted in Petal suffering from post-traumatic stress disorder, which became unforgiving and eventually she ended up in a psychiatric hospital. On a solicitors advice, she applied for compensation from the Criminal Injuries Compensation mandate on the basis of the provisions under the Compensation Scheme 20016. Her application was refused on the basis that her injury were not as a result of a crime of violence7 and that her psychiatric illness did not constitute a mental injury for which compensation is warranted8. She later appealed against this decision to the First Tier Tribunal line of reasoning that Orlando had committed an offence under s.20 of the Offences Against the Person Act 1861 this appeal was, however, dismissed, with the tribunal upholding CICAs decision asserting that, Petal