non-fatal offences - offences against the person

Question 1

what is S. 4 of the summary offences Act Chapter 11:02?

Answer 1

assault and battery is a summary offence

Question 2

what is an assault?

Answer 2

**is an act which intentionally or recklessly causes a person to apprehend immediate, unlawful personal violence. it does not require physical contact.

Question 3

what is battery?

Answer 3

an act by which the defender intentionally or recklessly inflicts unlawful personal violence upon the victim.

Question 4

additional note?

Answer 4

you can charge someone with both assault and battery. however, in T&T we charge for assault by beating not battery?
what is the difference (assault is not physical, battery is physical)?
if you push a 3rd party against the intended target then that is battery.

Question 5

what constitue assault and battery

Answer 5

• the victim must apprehend fear/violence immediately.
• means of carrying out the threat into effect” (words alone can amount to an assault)

words can negate actions which would otherwise amount to assault (tuberville v savage (1669))

actus reus and mens rea must be present at the same time. but mens rea need not be present at inception of the are (fagan v MPC (1968)) - the case where the driver of a vehicle drove over the police officer feet.

there must be some positive act on the part of the defendant, i.e not assault by omission

silence can amount to an assault which overruled.

Question 6

what is the difference between assault and battery?

Answer 6

assault is none physical whilst battery is physical

Question 7

what are some examples of assault by beating?

Answer 7

forcibly striking someone with a stick

touching or laying hold of another person even by his clothing, holding’s one’s arm, spitting on someone and pushing someone.

Question 8

what is aggravated assault?

Answer 8

you cannot charge anyone with aggrevated assault it is a more server penalty made by the magistrate to protect males under 18 years, any female, old, firm or sickly persons for those who cannot be punished under S.4 of SOA.

Question 9

what are the defenses to assault and battery

Answer 9

consent
accidental jostling
lawful chastisement
lawful sport
self defense
mistake
execution of legal process
defense of property

Question 10

what is Sec. 5(2) summary offences act ch. 11:02

Answer 10

any person who unlawfully assaults or beats any person thereby occassioning any wound or actual bodily harm is liable to imprisonment for six months. there are 2 offences under this section:
1) assault occasioning a wound
2) assault occasioning actual bodily harm

Question 11

what is a wound?

Answer 11

a wound is a complete break of both layers of the skin (inner and outer) causing blood to flow.

Question 12

type of wounds?

Answer 12

incised
laceration
contused
jagged
puncture

Question 13

what are the two types of offences?

Answer 13

unlawful malicious wounding
inflicting grievous bodily harm

Question 13

what is an offence?

Question 14

what is require for an unlawful malicious wounding?

Answer 14

actus reus - assault, battery, occassioning, wounding.

mens rea - intention or recklessness

Question 15

what does it mean to inflict grievous bodily harm?

Answer 15

actus reus
greiviuos bodily harm
inflicting (can also be an indirect infliction)

mens rea
intention
recklessness

any serious bodily harm where, if not attended to may result in death.

Question 16

shooting or wounding…

Question 17

what are six offences with regards to …bodily harm/ …apprehension of detainer.

Answer 17

wounding with intent to cause grievous bodily harm

wounding with intent to resist or prevent the lawful arrest or detainer or any person

shooting with intent to cause grievous bodily harm

shooting with intent to resist or prevent the arrest or detainer of any person

causing grievous bodily harm with intent

causing grievous bodily harm with intent to resist or prevent the lawful arrest or detainer of any person.

Question 18

what the four requirements for a medical report to be admissable?

Answer 18

the nature and extent of any injuries found by him upon examination

the nature of the instrument (is any) with which the injuries were probably inflicted

the probable degree of force which was used

that the said report was made i.e. (prepared) on the day or the day after such examination

Question 19

what are the 2 things that can make a medical report in admissible?

Question 20

malicious means basis intent

Question 21

factors to consider the difference between malicious wounding and grievous bodily harm

Answer 21

• how often
• which part of the body received the wound
• what was the intent behind the action
• the difference b/n infliciting and cause
• inflicting- not confined to direct infliction and seem to imply the need for causation