Grievous bodily harm from which death ensues : a comparative analysis

Abstract

Although at first glance the title chosen for this thesis, 'grievous bodily harm from which death ensues', seems a common feature in criminal jurisprudence, to date this aspect has not been explored. In order to feel confident enough exploring this particular aspect of Maltese Criminal Law, personal enquiries and research at a Rome university served as the starting point. This study outlines the history of the underlying offence and subsequent evolution as far as the Maltese Criminal Code provisions as they stand today. It also covers the general notion of mens rea and how such notion has been constructed under different legal systems. Furthermore, this thesis deals with the crucial role that the mental element of the accused person plays within the sphere of the crime of grievous bodily harm from which death ensues. Reference is made to local case law in order to distinguish one form of intent from the other. Moreover, reference is also made to different jurisdictions, namely, Italy, the UK and the US so as to examine what particular mental state the accused must be in at the time of the commission of the offence. The thesis will also focus on the material element of the crime, which is an essential characteristic of the underlying offence. When it comes to certain material aspects of the offence, different jurisdictions tackle the situation in a manner which is different from that of the Maltese courts and thus a comparative analysis will be made. As a result, the reader can evaluate these different legal systems and observe their similarities and differences. Finally, certain reforms are proposed which are considered necessary for a better approach to the offence of grievous bodily harm from which death ensues.