Is there a defence for battery? I suggest s.5(2) of the Criminal Damage Act (i.e. self defence), but can't seem to figure out if it would apply to battery - any case law or statutes would be appreciated!
2007-03-01 13:31:03 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
On second thoughts I think it may be s.3 Criminal Law Act 1967; using reasonable force in preventing a crime...
Any thoughts?
Best answer to someone who can actually use some case law or statute by the way, rather than yes or no answers!!!
2007-03-01 13:41:08 · update #1
Common law defences available would include duress, sane and insane automatism, and self defence (including defence of another) and other varieties of .necessity.
Necessity is discussed in Dudley and Stephens (1994) 14 QBD 273.
Duress: Howe [1987] 1 All ER 771
Insanity and Diminished Responsibility - M'Naghten's Rules [1843-60] All ER 229
I am assuming you are in the UK. Really you should always specify your jurisdiction when asking this kind of question. If you were in Australia I could have given you a great deal more caselaw.
2007-03-01 19:50:32 · answer #1 · answered by TC 4 · 0⤊ 0⤋
In a criminal trial for assault, or the lesser charge of bettery, the burden is on the prosecution to prove that the defendant intended to apply unlawful force to the victim: see eg Chan Kau v The Queen [1955] AC 206 and Palmer v The Queen [1971] AC 814. That involves proving that the defendant did not do so by accident or in self-defence. In short, the prosecution must make the jury sure that the defendant was not acting in self-defence
2007-03-01 22:46:45 · answer #2 · answered by stephen.oneill 4 · 0⤊ 0⤋
When a person is charged with battery, then one of two reasons jumps out at me first:
1) A person instigated a physical altercation with another
2) A person reacted to a physical altercation with excess force.
Of course, self defense is a "viable" defense against such a charge. However, the difficult part would be convincing a jury that
A) You felt threatened enough that you felt physically fighting back was your only recourse to the perceived threat
or
B) That the force you used was justified because of the perceived threat.
I'm sure that if you have access to the appropriate resources you can find plenty of case law concerning the use of self defense as a defense. Whether or not that particular defense worked would vary depending upon the case.
2007-03-01 14:56:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
battery is a lesser offence, GBH and ABH occur only when physical injury and bloodletting take place...
battery is the last grasp of a copper with nothing to give the CPS...
Defense; self defence; johnny slapped my mate as i waited in a burger queue / taxi rank... yes, id been drinking.. we'd had a peaceful night..merrily wobbling home... its not an offence to be drunk... of half the country would be banged up..wouldnt they?
well, johnny slapped my mate and demanded his mobile phone... and my mate..well hes only five foot... and his attacker was at least 6 feet three... so i asked him to cease and desist, for his actions were both unreasonable, and his abusive language was causing me concerns for my safety, and that of my stunted friend...
i repeated asked the drunken youth to stop... and he pushed me out of the way, dismissing me... so i smaked him.. i smacked him so hard he was going to wake up with a vest full of broken ribs...
yes your honour, i smacked him.. he was a foot taller than me, and i didnt want him getting up again... and yes, i admitted it to the officers who attended the scene... i was defending my friend, and preventing a crime... a violent street assault... mugging. theft from teh person...
but wasnt the ammount of force you used excessive? no sir. I him him once, maybe twice, i didnt stamp on his head... that would have been excessive...
and having no previous for street crime, or violence against the person... and my armed robbery conviction had expired some 20 years previously... i walked.
2007-03-01 13:58:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes of cuz, the law reform marriage and divorce n act.
n women's rights n also, univ. decl of human rights n any convention.
2007-03-01 23:11:30 · answer #5 · answered by Hermione J.Potter 3 · 0⤊ 0⤋
no don't think so.
If someone has been badly beaten, how can you prove it was in self defence unless you have equal injuries?
2007-03-01 13:36:38 · answer #6 · answered by rose_merrick 7 · 0⤊ 0⤋
Dont recharge
2007-03-01 13:34:51 · answer #7 · answered by ai2_76 1 · 0⤊ 0⤋
How about "I didn't do it".
2007-03-01 13:36:14 · answer #8 · answered by Up your Maslow 4 · 0⤊ 0⤋