LLB106 Lecture Notes - Lecture 4: Grievous Bodily Harm, Bodily Harm, Common Assault
Document Summary
Part 1: assault/offences endangering life or health (1) offences of which assault is an element (ch. 7 years (2) offences endangering life or health (ch. 29 cc) (a) grievous bodily harm (b) unlawful wounding (c) torture (d) offences with specific intent (e) negligent acts causing harm. Limb 1 of s 245(1) = battery at common law. A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person"s consent if the consent is obtained by fraud, or. Limb 2 of 245(1) = assault at common law. Is there an actual application of force? (limb 1) Or is there an attempted or threatened application of force? (limb 2) Atherton: what level of force can be consented to? (lergesner v carroll, consent in a sporting context (mcnamara v duncan) The victim must be aware of the threat (dale)
