asault§

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  • Created by: Rachel
  • Created on: 10-04-14 17:10
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  • Assault
    • Battery
      • ACTUS REUS
        • Unlawful use of force against another person
      • MENS REA
        • Intention or recklessness that force will be used agains another
      • Doesn't need to be an injury - defendant can still be guilty of battery
        • touching another person is enough if it is done w/o consent
          • touching must be hostile in the sense it isn't consented to, not hostile in the sense its aggressive - Brown
      • can be committed via a weapon/object
        • FAGAN
          • intentionally allowed wheel of car to be accidentally driven onto victims foot
        • DPP v K
          • schoolboy put acid in hand drier and another boy was splashed w/ acid when he later used drier
        • HAYSTEAD v CHIEF CONSTABLE OF DERBYSHIRE
          • man punched woman who was holding her baby. He committed battery agains the baby as it hit the floor
      • battery doesn't include everyday touching o touching which is generally acceptable
        • eg: bumping into somebody on tube, tapping someone on shoulder to point out they have dropped something (Collins v Wilcock)
    • Assault occasioning Actual Bodily Harm
      • aggravated assault - s.47 OAPA 1961
        • assault w/ the additional element of bodily harm
      • made up of
        • An assault (common assault or battery)
        • occasioning
          • must be shown assault caused the ABH. it isn't enough that theres been an assault/battery and the victim suffered ABH
          • Ireland - must be shown that the fear of imminent unlawful violence caused physiological injuries
            • not enough that illness was caused by general distress after telephone calls or fear they may ring again
        • Actual Bodily Harm
          • bruises, grazes
          • cutting hair - DPP v Smith
          • no need to prove pain
          • physiological illness is ABH - Chan Fook
    • Maliciously administering Poison
      • 2 offences in OAPA - s.23 & 24
        • ACTUS REUS: administration of poison to another person
          • can be administrated directly or indirectly
      • s. 24 - a specific intent to injure, aggrieve or annoy is required
      • MENS REA: malice
      • s. 23 - administration must have caused GBH or endangered life of the victim
    • CONSENT
      • provides defence to charge of battery/assault
        • consent must be positive consent given by a competent victim
          • can be suffering from mistake to the nature of act or the identity of defendant
      • there is authority for where consent is a defence even though the victim has suffered ABH or worse
        • tattooing, ritual circumcision of males, ear piercing, personal adornment
          • WILSON 1996 - a man at her request burned his wives bum with a hot knife to leave scars spelling his initials
        • religious mortification
          • as part of a religious repentance, one person asks another to inflict pain on them
        • Rough horseplay
          • children/adults play rough games
        • surgery carried out by a medically qualified person
        • Consensual non-violent sexual relatonships
          • DICA 2004
            • Appellant convicted of inflicting GBH on 2 women who he had sexual relations with
              • He was HIV + and had infected them w/ virus
                • At trial the judge ruled that whether or  not the victims had consented - after following Brown - no defence
                  • COA held ruling incorrect - if victims were aware of appellants HIV status and had consented to risk of catching it then their consent provided a defence to a s.20 charge
                    • As it was shown they knew he had HIV - wouldn't be difficult
                      • Even if women hadn't been told of defendants status, this couldn't be rape as they had consented to sexual intercourse
          • a defendant suffering from a sexually transmitted disease can be guilty of inflicting GBH if they know that they have the condition and their partner doesn't consent to running the risk of catching the diease

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