Case Studies: Non Fatal Offences 2

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  • Case Studies: Non Fatal Offences 2
    • Mens Rea of Assault
      • Intention or recklessness
        • DPP v Morgan (1976)
        • DPP v Madjewski (1977)
      • DPP v Santana- Bermudez (2003)
        • Can assault be committed by omission?
        • V conducts search of D- D misleads V into believing his pockets are empty- V is pierced by hypodermic needle
        • Convicted of assault causing actual bodily harm
    • Battery
      • Collins v Wilcock (1984)
      • DPP v K (1990
      • Cole v Turner (1705)
        • The least touching of someone in anger
    • Consent
      • A-G ref No.6 of 1980
        • One sustained bruising to face and bleeding nose
        • One removed watch,other removed jacket, both consenting to fight.
        • 2 youths aged 17 and 18 had argument in public street, decided to settle with fight
        • Held: As matter of policy, a person cannot consent to fist fights causing ABH or greater harm irrespective of whether its in private or public
    • Chastisement of Children
      • R v Hopely (1860)

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