Case Studies: Non Fatal Offences 2
- Created by: Alex.Byrne
- Created on: 27-05-18 11:06
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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
- Intention or recklessness
- 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
- A-G ref No.6 of 1980
- Chastisement of Children
- R v Hopely (1860)
- Mens Rea of Assault
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