Criminal Law. Assault and Battery. Excessive Speed of Automobile. State v. Schutte, 93 Atl. (N. J.) 112

1915 ◽  
Vol 24 (7) ◽  
pp. 600
2021 ◽  
pp. 421-467
Author(s):  
Michael J. Allen ◽  
Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s ‘The Law in Context’ feature examines the scope of ‘hate crime’ legislation.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss. 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.


2020 ◽  
pp. 277-294
Author(s):  
Stuart P. Green

This chapter considers sadomasochistic assault. Although no offense in the criminal law is specifically labeled as such, this kind of conduct has been prosecuted under general (nonsexual) assault and battery provisions. Consent normally is allowed as a defense to charges of assault involving other kinds of (nonsexual) consensual pain infliction, such as occurs in surgery, sports, tattooing, and religious flagellation. Sadomasochistic assault prosecutions differ in that the consent or volenti defense is generally disfavored. The chapter offers an argument for why consensual sadomasochistic sex is more wrongful than these others kinds of consensual harm causing, based on the doctrine of double effect (the idea that it is permissible to cause harm as a side effect of bringing about a good result, even though it would not be permissible to cause such harm as a means to bringing about the same good end). But even if that argument is correct, it would not necessarily justify SM’s criminalization. Also considered here is the problem of how to distinguish between SM that is truly consensual and that which is not. Given the role playing it sometimes involves, there exists a possibility that without appropriate safeguards, SM might serve as a cover for what is essentially rape and sexual assault.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss. 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.


1966 ◽  
Vol 24 (2) ◽  
pp. 216-247
Author(s):  
R. N. Gooderson

In the first part of this article, published in April, the avowed intent was to demarcate and emphasise the difference between the two kindred but separate defences of claim of right and dispute of title. The subsequent publication of the eighth report of the Criminal Law Revision Committee on Theft has shown that the defence of claim of right is to be left untouched by the sweeping proposals contained in the report, and that consequently the subject of this article will not become a mere academic exercise, but will remain a matter of practical importance even if the recommendations are adopted.The earlier part of this article was primarily devoted to an attempt to isolate the meaning of title, the type of dispute that will lead to the exclusion of the jurisdiction of justices. It was noted that this procedural defence of dispute of title springs from a rule of statutory interpretation that it is always open to the legislature to exclude or modify. Passing reference has already been made to two famous modifications of the defence, in statutes providing for summary trial of assault and battery and malicious damage respectively. These enactments will now be examined in detail. Their special relevance for the object of this article is that the two cases on assault and battery show in the first place that, leaving aside the difficult question whether dispute of title should be extended to disputes as to title to personalty, even within the acknowledged prohibited sphere of disputes as to title to real property, criminal courts can be singularly slow to appreciate that a title to real property of an incorporeal kind is at stake.


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