Offences Against The Person Flashcards
What is battery?
The unlawful application of force
What two offences make up common assault?
Technical assault (psychic) Battery (physical assault)
What is assault?
An act which causes another person to apprehend infliction oh immediate unlawful force on his or her person
What dies apprehend mean?
To expect
What does immediate mean?
Not instantaneous but immenant
What is the mens rea for a technical assault?
Intention to cause another to apprehend immediate unlawful force
Or
recklessness as whether such an offence is caused
What does the continuing act doctrine mean in assault?
It means a defendants failure to act constitutes the continuation of am earlier act
What Mens rea for battery?
Intention or subjective recklessness as to the unlawful contact
What is the actus reus of battery?
Application of non consensual force
When when capacity vitiate the validity of consent?
when a person lacks the mental capacity to consent. Too young to understand whet they are consenting to
When will consent be a defence?
Where it was in public interest
What are examples of a consent vitiated by public policy?
Street fighting
Sadomasochism
What are the limitations of consent in the offence against the person
A victims consent is not usually a fence for crimes of such a nature
What is a wound?
A break in the continuity of the whole skin
What is actual bodily harm?
Harm which interferes with the health or comfort if the victim and is more than transient or trifling
