Non Fatal Offences Against a Person Flashcards
Can you charge the suspect with assault and battery on the same person
No, R v Taylor
In terms or assault what the victim must intend or be
subjectively wreckless
What is subjective wrecklessnes
Forsaw the risk and took it anyway
If i swing a punch at a death and blind person and miss, have I assaulted them.
No, the victim would not be aware and therefore not apprehind of immediate unlawful violence
If i point an unloaded gun at the victim and they fear they are going to be shot, have I assaulted them.
Yes, they apprehind immediate unlaful violence.
Does the victim need to fear unlawful violence.
No they nedd to aprehend
What does immediate mean
Immediate future, the courts have allowed a minute or two later.
Is it pssoble to cause battery by inflicting psychiatric injury through nusiance telephone calls.
no, for battery there must be a laying of force.
Can the force me laid indirectly -
Yes, A pushes into B who applies force to C
If i had a hyperdermic needle and I gave an officer false assurance so that when they searched me they were stabbed by the needle, is this assault
Yes, the false assurance would amount to assault.
Can I brand my initials on my wife if she was consenting.
R v Wilson says yes, the brand is a form of tatoo and their is consent to the assault.
If a medical professional who is suspended, perfroms a legitiate medical procedure which the victim consented too, without knowing the medical professional was suspended would this be an assault.
No - The consent was present.
