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Offences Against the Person - Assault (Legal right/Duty (Common Law = Pre…
Offences Against the Person - Assault
Definition
An assault is any act where a person intentionally or recklessly causes another to apprehend immediate unlawful violence.
Defences
Lawful chastisement
Smacking
A parent or guardian can use reasonable force in controlling the behaviour of a child
Only if the injury amounts to no more than reddening of the skin and is transient
Consent
A person may consent to
Tattoo
Medical Procedures
Dental work
Sport
Sexual
Did the victim consent to what was done - if so do policy considerations invalidate that consent - EG Rugby
Mens Rea
Offender; Intention to cause apprehension of immediate unlawful violence or is recklessness as to the consequences
Victim; Apprehension of immediate unlawful violence - doesn't need to fear
Legal right/Duty
Common Law = Pre-emptive strike
Section 3 Criminal law act
A person may use such force as is reasonable in the circumstances in the prevention of crime. Or in effecting/ assisting the lawful arrest of an offender.
Triable either way