Non fatal Offences

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1. Ireland

  • silence may amount to an assault where caused V to apprehend an immediate application of force.
  • battery can be performed by an omission
  • Mens Rea of s.47 is intention or recklessness as to assault or battery.
  • any touching may be a battery unless part of a lawful arrest.
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Other questions in this quiz

2. Haystead

  • indirect force is enough for battery.
  • V apprehended immediate physical violence and D was reckless to this
  • ABH includes loss of consciousness.
  • mens rea of battery defined as intentionally or recklessly applying force to another person.

3. Collins V Wilcock

  • any touching may be a battery unless part of a lawful arrest.
  • battery can be performed by an omission
  • V apprehended immediate physical violence and D was reckless to this
  • Touching a persons clothes whilst they are still wearing them is equivalent to touching the person

4. Chan - Fook

  • ABH includes loss of consciousness.
  • ABH can occur to all parts of the body including hair.
  • ABH includes psychiatric injury provided it is not trival, but does not cover emotions such as fear or panic.
  • Touching a persons clothes whilst they are still wearing them is equivalent to touching the person

5. Savage

  • confirmed in Roberts. There is no need for D to intend or foresee the ABH, provided D has the mens rea of assault or battery.
  • any touching may be a battery unless part of a lawful arrest.
  • V apprehended immediate physical violence and D was reckless to this
  • Mens Rea of s.47 is intention or recklessness as to assault or battery.

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