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Questions and Answers
Which scenario exemplifies indirect application of force as defined in the context of battery? There are 2 correct options.
Which scenario exemplifies indirect application of force as defined in the context of battery? There are 2 correct options.
What is sufficient for establishing the actus reus of battery? Two correct.
What is sufficient for establishing the actus reus of battery? Two correct.
In the case of R v Thomas, what was determined regarding touching clothing?
In the case of R v Thomas, what was determined regarding touching clothing?
What outcome resulted from Haystead v DPP regarding indirect force?
What outcome resulted from Haystead v DPP regarding indirect force?
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What is the primary distinction between assault and battery in legal terms?
What is the primary distinction between assault and battery in legal terms?
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Which of the following correctly describes the actus reus of assault?
Which of the following correctly describes the actus reus of assault?
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Under which legislative framework is common assault charged?
Under which legislative framework is common assault charged?
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Which statement about non-fatal offences against the person is true?
Which statement about non-fatal offences against the person is true?
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Study Notes
Non-Fatal Offences Against The Person
- A range of offences where a person is harmed but not killed.
- Offences are graded based on the severity of harm and the defendant's intent.
- All offences have actus reus, mens rea, and charging guidelines.
- Ensure the victim is not dead when answering exam questions.
Common Assault
- A common law offense, not defined by statute, but charged under s.39 Criminal Justice Act 1988.
- Refers to both assault and battery.
- Often charged together as “common assault.”
Assault
- Refers to a technical assault, where no physical contact occurs.
Actus Reus of Assault
- Causing a person to apprehend the immediate application of unlawful force.
Battery
- The actus reus of battery is the application of unlawful force on another.
- Force can be direct (e.g., punching) or indirect (e.g., driving over someone's foot).
- Indirect battery involves force applied to one person, causing force to another (e.g., pushing someone into another person).
- Touching clothes can be sufficient.
- Unwanted affection (e.g., a kiss) can satisfy the actus reus of battery.
Actus Reus of Battery
- The application of unlawful force on another.
Actual Bodily Harm (ABH)
- Caused by an assault.
- Injury must be more than trivial and insignificant.
- Includes recognized clinical conditions (e.g., depression, anxiety).
- Fear or upset is insufficient for ABH.
- CPS Charging Guidelines focus on injuries requiring significant medical intervention or lasting effects.
Mens Rea of ABH
- The mens rea (guilty mind) for battery is also sufficient for ABH.
Charging and Sentencing of ABH
- Charged under s.47 of the Offences Against the Persons Act 1861.
- Maximum sentence is seven years imprisonment.
- Triable either way (Magistrates' or Crown Court).
Defenses to Assault and Battery
- Consent: Consent can be a defense, but not for inherently violent acts (e.g., sadomasochism).
- Horseplay: Rough behavior between friends can be consented to, but injuries must be incidental to the intended activity.
- Sexual Relations: Consent is valid for sexual activity that is not inherently violent.
Consent in Sexual Relations
- Wilson (1996): The state should not interfere with consenting adults' sexual activity.
- Brown: Sadomasochistic acts are against public interest and cannot be consented to.
- Dica: ABH caused recklessly during consensual sexual activity, where harm was not intentional, may still be a crime.
- Slingsby: Consent is valid if neither party contemplates ABH resulting from the act.
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