JSB171 Lecture Notes - Lecture 6: Guide Dog, Assault Occasioning Actual Bodily Harm, Body Fluid
Document Summary
Assault (1st and 2nd limb: battery at common law) Write: assault (misdemeanor) is defined in s245(1) cc and created and punished in s335 cc and can be split into two limbs, battery and assault at common law, and is punishable by 3 years imprisonment unless aggravated. Write: the application of force is a very low test to be determined subjectively: davies v bennett. Here, in accordance with s245 (1), [accused] has [struck, touched, moved, applied force] to [victim]. Intention is not required but will be taken into account by the court: burton v davies. Here, [accused] did/didn"t [intend/act recklessly] compare to cases. S245(1) applies force includes the applying heat, light electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury of personal discomfort. Cases: assault: victim"s knowledge/awareness is irrelevant: boughey (asleep, the application of force can be through a medium: fagan (car dragged person)
