Assault, Battery, and Crimes Against Persons In criminal law, the terms battery, assault, and crime interrelate but have different meanings. A crime is any act constituting an offense punishable by law. An assault is any action creating fear to another party of experiencing battery; a touch considered unlawful by the law. Battery and assault fall under the law of tort, which is an amalgamation of obligations, rights, and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong causing another person harm or loss. In my essay, I will analyze different scenarios and focus on the three terms and their applications …show more content…
Hitting an individual is an act of battery while threatening the person is an assault; the principle differentiating the two is the intent of the perpetrator of either an assault or battery. A thin line separates actions amounting to a battery or assault; additionally, both occur together. An assault can graduate to a battery, but a battery cannot reduce to an assault if physical contact is evident. The first case to analyze is when a person (A) is walking alone late at night when a man suddenly jumps in front of her and drags her into an alley. The attacker strikes (A) and rips her clothes. Fortunately, (A) hits the attacker with a rock and runs to safety. The man’s actions do not amount to assault, they amount to a battery as he dragged the woman to an alley, stroke her, and ripped her clothes off with the intent of causing her harm. The acts of the woman are a measure of self-defense, and she cannot be held accountable for the infliction she may have induced to the man. If the man just followed her without having any physical contact with her, his actions would have constituted to assault, as he would inflict fear into the …show more content…
Persons found guilty of committing the crime of kidnapping risk being imprisoned or heavily find. Additionally, during a kidnap some other offense might occur such as assault and battery. False Imprisonment and Kidnapping are comparative terms but unmistakable as per their legal definitions. While both include persuasively taking an individual away without his consent, false imprisonment is more correctly used in particular cases where a person is confined in a bounded place and denied his or her freedom. Kidnapping is a broader term and includes the unlawful taking of an individual without his consent using threats, deceit, or force with an end goal of confining him or her (Robbins, 2014). The third case I will analyze is when (A) and the attacker are romantically linked and are having an argument. The attacker drags (A) in the alley to talk then (A) slaps the attacker. The scenario would not necessitate the attacker to defend himself since the attacker is well known
Criminal Code s.230(a) “one who intends on causing bodily harm for the purpose of (i) actually committing the offence, or (ii) planning his escape after committing or attempting to commit the offence, and the death derives from the bodily harm;” (Criminal Code of Canada)
Each criminal of sexual offence is sentenced based on the nature of the offence. As defined by the Police Department University of Central Arkansas, rape is engaging in sexual intercourse or deviant sexual activity with another person by forcible compulsion, of someone who is incapable of consent because he/she is physically helpless, or who is less than fourteen years old (the assailant must be two years older than the victim for this to apply). According to the US Legal website, Sexual Assault of the 1st Degree is engaging in sexual actions with another person by force, or the threat of force, without the consent of the o...
In both Tsaccounis v R [2016] NSWCCA 163, and R v Peifeng Yu [2016] NSWDC 257, pursuant with section 37 of the Crimes Act 1900, the offender is found guilty of non-fatally attempting to choke the complainant, with further intention to commit an indictable offence and intimidate, whilst the two were in a domestic relationship, as defined by section 5 (c), (d), and (e) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
being shot at and killed. These problems dehumanizes a person and makes them feel as if
Defences of Assault and Battery In most crimes there are always defences to the offence that has been
In some states, they have made it a crime to assault officials. Twenty states have made it a crime. In Illinois, it is a minimum of $...
Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g. pointing a gun at the claimant by the defendant, the claimant need not know if the gun is real one. Assault must be intentional, direct and immediate. Battery is the intentional or reckless application of physical force to another person. While, false imprisonment is an unlawful restriction of the claimant’s freedom of movement by the defendant.
There has been an incline in the number of aggravated assaults reported over the years, but there does not seem to be a consistent development in the number of felonious assaults prosecuted. This would propose that because of the relationship of the parties or the conditions, under which the assaults happened, several altercations, largely domestic quarrels, considered in reports as aggravated assaults, do not seem to be categorized in the common area of felonious assault. There is a necessity to have a sub classifying of this sort of offense in order to attain a true picture of
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
It is considered to be any attack of a sexual nature such as kissing, touching, and intercourse in which force is used. Physical injury is not necessary to prove that an offence has occurred. When tried as an indictable offence, simple sexual assault carries a maximum penalty of 10 years imprisonment. R. v O’brien, 2017 SKQB 88 and R v Martell, 2012 SKP cases relate to simple sexual assault also demonstrates the charges given to the offenders that commit simple sexual assault. As a matter of fact, on June 15, 2016 the victim went to the home of Mr. O’Brien. The two had been involved in an incident. Mr. O’Brien tried to hug and kiss the victim and she told him that she did not want him to do that. She then went to the bathroom for 15 to 20 minutes. After she returned he lifted her up and put her on the bed, which was in the same room. He tried to hug and kiss her and attempted to undo her pants. She pushed him off and told him “no”. The victim started to kick Mr. O’Brien and Mr. O’Brien then put his hands around her neck for approximately 5 to 10 seconds. He then stopped and removed his hands of his own accord. This left redness around her neck. Mr. O’Brien told the victim he was sorry and asked the victim not to tell anyone. The victim then left his residence. Mr. O’brien then had arrested and served roughly a total of 14.3 months in custody. Moreover, in the second case the offender and the victim were
Most attackers engaged in some behavior prior to the incident that caused others concern or indicated a need for help.
Working through The Full Code Test within, The Code for Crown Prosecutors enables the conclusion to be reached as to whether Harry should be charged in accordance with s47 of the Offences against the Person Act 1861, for assault occasioning actual bodily harm ('ABH'). For conviction, prosecutors would demonstrate the actus reus and mens rea of ABH, in this case that Harry assaulted and caused the actual bodily harm to Rob and reckless or intended the assault.
But there are other types are supposedly police assault that make sense. For example, there was a South Carolina student flipped and tackled by a sheriff. As “The student refused to leave the room after disturbing a class on Monday at Spring Valley High School in Columbia, South Carolina. A school resource officer,named Ben Fields entered the classroom to remove her after a teacher and administrator was unable to do so. In a video filmed by another student, the officer is seen flipping the girl over in her
Victimology is the scientific study of victimization and is an issue that affects millions of Americans each year. Anyone is at risk to be general target, but some people share similar traits and many criminologists seek to explain the facts that define the relationship between offender and the victim. This involves the study or investigation into the relationship type and level between the offenders and the victims of the crimes (Hagan, 2013). It works to create linkage between the criminal justice system and the victim to become a voice to advocate and secure justice for the victim. Most often violent crime is planned and executed by a person who is close to the victim. Victims are placed into four categories of victimization; The Victim
The second type is violence that is directed towards employees by clients, patients, or anyone receiving services from the organization. This usually is an assault on employees while they are performing their tasks. Some occupations deal with dangerous people, while others are assaulted by angry clients/customers because of the quality of their