Assault

Question 1

What is the definition of an assault?

Answer 1

Any act that intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

Question 2

What is the definition of a battery?

Answer 2

When a person intentionally or recklessly inflicts unlawful force on another

(Actually inflicting the force)

Question 3

What are the defences for assault?

Answer 3

• consent
• lawful chastisement
• self defence
• legal right

Question 4

Examples of consent as a defence/ not a defence to assault

Answer 4

• 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

Question 5

What are the police’s legal rights to assault?

Answer 5

• 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