See Chapter 8, section 8.6, for a fuller discussion on consent as a defence. Lord Steyn in the House of Lords said, It involves questions of fact within the province of the jury. 806 8067 22 Registered Office: Imperial House, 2nd Floor, 40-42 Queens Road, Brighton, East Sussex, BN1 3XB, Taking a break or withdrawing from your course, Ocr A level Law Model Answers Help please, A-level and AS-level Exam Discussions 2019, OCR A Level Psychology H567/03 Applied Psychology - 16 June 2022, OCR A Level Law making and the law of tort H418/02 - 13 Jun 2022 [Exam Chat], How to get help with all your 2023 exams on The Student Room, OCR A Level Law Paper 1 The legal system and criminal Law H418/01 - 6 Jun 2022 [Exam. The mens rea for an assault is either an intention to cause another to fear immediate unlawful personal violence, or recklessness as to whether such fear is caused. His refusal, it is said, was based on errors of law and a failure to appreciate that there was insufficient evidence to establish that there had been a breach of the peace involving either the actual use of violence or a reasonable apprehension of the use of violence which would have entitled Pc Hammersley to arrest the appellant. In Lodgon v DPP (1976) Crim LR 121, D opened a drawer in his office to show another person that there was a gun in it, which D said was loaded. Nightmare. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Mark Thomas. But the element of hostility, in the sense in which it is now to be considered, must be a question of fact for the tribunal of fact.. Looking for a flexible role? As the actus rues of battery is the application of unlawful force, it is difficult to think how examples could arise under these duty situations, but there has been one reported case, DPP v Santana-Bermudez (2003) EWHC 2908 where it appears possible that the Divisional Court accepted an omission as sufficient. If you have citation software installed, you can download article citation data to the citation manager of your choice. They are: 'If this decision be right then Smith and Hogan, Moriarty, Glanville Williams and Halsbury's Laws 3rd and 4th Editions are wrong.

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