Non-fatal Offences.

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1. What was said in R v Thomas?

  • There is implied consent in normal social situations.
  • Force can be indirect.
  • Touching someone's clothes is battery.
  • Unlawful touching can be the smallest of touches.
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2. What was said in Tuberville v Savage?

  • Occasioning mean causation
  • Words can negate an assault.
  • Doing nothing is sufficient for an assault.
  • Words alone are sufficient for an assault

3. What is the mens rea for S18?

  • With intention to kill.
  • Intention or recklessness as to cause harm
  • Intention to cause GBH.
  • Intention to cause the victim to apprehend

4. What is the mens rea for battery and the case that established it?

  • Intentionally applying force on another - Venna.
  • Intentionally or recklessly applying unlawful force on another - Mowatt.
  • Intentionally or recklessly applying unlawful force on to another - Venna
  • Intentionally causing the victim to apprehend immediate and unlawful violence - Savage.

5. What was said in Ireland?

  • Words can negate an assault.
  • Actions alone are sufficient for assault.
  • Immediate does not mean instantaneous.
  • Assault can be indirect
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