Assault Flashcards
1
Q
What is the definition of an assault?
A
Any act that intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
2
Q
What is the definition of a battery?
A
When a person intentionally or recklessly inflicts unlawful force on another
(Actually inflicting the force)
3
Q
What are the defences for assault?
A
- consent
- lawful chastisement
- self defence
- legal right
4
Q
Examples of consent as a defence/ not a defence to assault
A
- can consent to a certain degree of force
- r v donovan - husband branding his initials on his wife with her consent was not assault
- r v brown - group of men consenting to have their scrotums nailed to a table by their peers was assault
Invalid consent- age of consent
5
Q
What are the police’s legal rights to assault?
A
- s.3 Criminal Law Act 1967 - right to use reasonable force when arresting
- s.117 PACE 1984 - use force when exercising PACE powers
- s.76 of the Criminal Justice and Immigration Act 2008 - pre emptive strike
