The act of branding is inherently violent and painful and done with the purpose of causing a scar, so it is difficult to see how this differentiates significantly from Brown. Fraud will now operate to invalidate consent even in cases where a victim consents to the actual act being carried out, but they do not have all the facts as to the consequences of the act they are consenting to. [34] Catherine Elliott & Frances Quinn, Criminal Law (9th edn, Pearson 2012). Non-fatal Offences Against the Person Example Questions Questions on the topic of Non-fatal offences from the OAPA 1861 University University of Birmingham Module Criminal Law (08 21212) 331 Documents Academic year:2017/2018 Helpful? An example of one such situation can be illustrated by the case of R v Slingsby [1995] Crim L R 570 where during sexual intercourse the defendant, with the victims consent, vigorously inserted his fingers into the victims vagina whilst wearing a large signet ring. entered the body. What is properly conducted? Other types of violence that are still accepted such as in sport The actus reus of this offence has two requirements: there must be a common assault (either technical assault or battery) and it must occasion ABH. Non-fatal Offences Against the Person, Essential Reading This is illustrated by the recent case of Chambers v DPP [2012] EWHC 2157 where the defendant took to Twitter to threaten to resort to terrorism and blow the airport sky high having become frustrated by his delayed flight! consented to sex then they were aware of the risks of contracting in, even with the In Smith v Superintendent of Woking Police [1983] Crim LR 323, the defendant stood up next to the window of a ground floor flat belonging to a woman living alone. Although Parliament has not defined them, intention is considered as whether the defendant intended the result. <>>> This refers to a sport played according to recognised rules. This includes for example rough behaviour in jest such as, tripping each other up or tussling between friends, can be consented to. The punishment for common assault is in s. 39 of the Criminal Justice Act 1998 which provides that they shall be summarily offences. In this case defendant told a woman with learning difficulties that he was performing surgery on her when in fact he was engaging in sexual intercourse with her. If some other factor came into play, for example a silent phone call was received and the number appeared with an Australian dialling code, this may negate this. Case in focus: Tuberville v Savage [1669] EWHC KB J25. Secondly, the result crime which ads proof that the conduct caused a prohibited consequence. This is a really good topic to discuss in a general essay question on consent and may be the subject of an essay question in its own right. He passed on the infection and was charged with assault occasioning ABH. He finds it sexually stimulating though so gains pleasure from the concepts of criminal law problem question Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew R v Constanza [1997] Crim LR 576 states that words alone can cause the victim to apprehend harm and thus constitute an assault. is an evil thing perverted and depraved sexual desires [10] 8* Discuss the problems with the offence of battery and the extent to which reform of the law would make it more morally acceptable. required to prove the victims did not consent. R v Miller [1954] 2 All ER 529 clarified this further stating it to be any hurt or injury calculated to interfere with the health and comfort of the victim. Each of these offences has their own actus reus and mens rea and are accompanied by charging guidelines as to the type of injuries they encompass. As a matter of fact, the Law Commission revised the proposals for reform of the OAPA Act 1861 and ended up with a new draft Bill for comment in 1998. Criminal law LA1010. It is a triable either way offence so can be heard in both magistrates or crown court, defending on the perceived seriousness of the offence and the defendants wishes. of an offence under s20 of the Offences Against the Person Act 1861 as he is aware (Cavendish, 2003, 5th edn). First of all, the actus reus of technical assault is that the defendant must do something to make the victim apprehend imminent force. It was not the defendant applying force, he was merely driving the car, but it doing so he caused the application of unlawful force to another. Herring, Criminal Law: Text, Cases and Materials (Oxford, OUP, 7th ed., 2016) pp This application is usually direct, for example, the defendant punches the victim, thus the defendant himself physically applies the force to the victims body. In this case, Sam intentionally waved his fists in the face of Basil, which would be perceived by an ordinary person as intimidating. changed). [10] 8* Discuss the problems with the offence of s20 Offences Against the Person Act 1861, and the extent to which reform of the law would make it more morally acceptable. To illustrate this, consider the following example. 14.00 - Add to Cart. Firstly, they wanted to replace the outmoded and unclear Victorian legislation with a much more modern and understandable one.

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