Essay About Physical Harm And Self-Defence

Trespass to Person – Actions for Assault or Trespass to Person
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trespass to person and the defences that are available
ACTIONS FOR ASSAULT OR TRESPASS TO PERSON
Definition
“physical harm inflicted by direct means”
3 types:
(a) Assault
(b) Battery
(c) False imprisonment
Assault
D intentionally or recklessly causes the victim to apprehend immediate and unlawful personal violence
does not have to be hostile , rude or aggressive;
apprehension sufficient, no need that the is actually applied;
must be unlawful force .
Battery
D inflicts unlawful personal violence against the victim
no requirement for victim to apprehend an attack;
defences:
consent of victim (Chatteron v Gerson)
self-defence (Cockcroft v smith)
defence of property (Green v Goddard)
necessity (F v West Berkshire Health Authority)
False imprisonment
The infliction of a bodily restraint which is not impliedly/expressly authorised by law
irrelevant whether victim knew he was being detained;
victim must be totally restrained.
ACTIONS FOR ASSAULT OR TRESPASS TO PERSON
Definition
“physical harm inflicted by direct means”
3 types:
(a) Assault
(b) Battery
(c) False imprisonment
Assault
D intentionally or recklessly causes the victim to apprehend immediate and unlawful personal violence
does not have to be hostile , rude or aggressive;
apprehension sufficient, no need that the is actually applied;
must be unlawful force .
Battery
D inflicts unlawful personal violence against the victim
no requirement for victim to apprehend an attack;
defences:
consent of victim (Chatteron v Gerson)
self-defence (Cockcroft v smith)
defence of property (Green v Goddard)
necessity (F v West Berkshire Health Authority)
False imprisonment
The infliction of a bodily restraint which is not impliedly/expressly authorised by law
irrelevant whether victim knew he was being detained;
victim