Defences to Assault and Battery Flashcards
What are the three defences to Assault and Battery?
Consent, Self Defence, Necessity
What happened in the case of Chatterton v Gerson (1981)
Claimant underwent surgery after discussing with the defendant and signing consent forms. The surgery ended up worsening their back pain. The claimant argued that the defendant had not told them of all the risks.
The courts held that surgeons cannot be expected to explain every risk and medical possibility to the lay person and as she had consented she had no case.
What happened in R v Billingshurst (1978)?
Defendant gave the claimant an off the ball punch during a rugby game
Courts held that consenting in sport is to what is expected within the rules and scope of consent. As the punch was not within this scope the defence of consent could not apply.
What happened in the case of R v Brown (1993)?
Involved entirely consensual sado-masochistic activies carried out by a group of men. Footage ended up in the hands of the police who were horrified
Reached the house of lords and 3 lords held that you could not consent to this level of harm. They argued that things like tattoos, pierchings and contract sport all have societal benefits unlike sado masochistic sexual activies.
What happened in Cockcroft v Smith (1705)
Claimant was the clark of the court who during a scuffle attempted to poke the claimant in the eye who in response bit the defendants finger off.
Courts held the force used was unreasonable and therefore not self defence
What happened in Ashley V Chief Constable of Sussex Police (2008)
Mr Ashley was shot fatally by the police during an armed raid. The officer who shot him was surprised by Mr Ashley jumping from his bed naked and believed he was about to be attacked.
Courts held that objectively the officer should not have reasonably believed the deceased would attack him.
