Legal Background In the state of Nevada, battery is constituted by “any willful and unlawful use of force or violence upon the person of another.” This definition is based on the Nevada Revised Statutes, Chapter 200 Section 481. Its purpose is to create a basis for prosecuting individuals involved in criminal suits. In other words, if the individual is found guilty of battery, then the statute similarly prescribes recommended consequences that correspond to the nature of their conduct.
3. Rules of Law 3.1. Restatement (Second) of Torts&21(1965): “Assault is done when someone intends to cause a harmful or offensive contact with another person or if there is any imminent apprehension of a contact”. 3.2. W.Prosser&J. Keaton, Prosser and Keaton on Torts 10 (5th ed.1984): “ Doing and shaking a fist under someone’s nose, to aim or strike at him with a weapon, or to hold the weapon in a threatening position, to raise or advance to strike someone, to surround him with force, is considered as an assault.”
On the facts, the defendant lunged at Frank. There is a required immediate effect of the defendants act to cause contact with the plaintiff’s person however, the facts are unclear on whether contact was made. Elucidating this fact is necessary to establish a successful action in battery. If on no account contact was made to the plaintiff’s person, an action is assault may be established. To sue for assault the facts must maintain direct and either negligent or intentional cause for the plaintiff to apprehend imminent direct contact with themselves, affecting their purpose.
The case of Baig v Harvie 2016 SLT 67; 2016 SCL 108 is an appeal case for behaving in a threatening or abusive manner in relation to the Criminal Justice and Licensing (Scotland) Act 2010 s.38(1) , the appeal was refused as the sheriff had been entitled on the findings in fact that the statutory requirements for the offence had been met. A. The Facts– Mr Baig appealed stated case against conviction for behaving in a threatening or abusive manner, contrary to the Criminal Justice and Licensing (Scotland) Act 2010 s.38(1). Mr Baig along with his brother (C) had an altercation with two parking attendants (P) after P had issued Mr Baig with a penalty charge notice, B then approached P, had been aggressive, confrontational and verbally abusive and had then proceeded to follow them as
An aggravated assault means assaulting someone with intent to murder, to rape, or to rob using a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to, or lead to, serious bodily injury or shooting a firearm from within a motor vehicle toward a person or people. Redrum did not use the shoe as his weapon to hurt Clark but somehow assisted or
This would be considered as Sexual Assault Level 2. Joey caused bodily harm to Candice and her roommate; so he could forcefully sexually assault Candice. Her roommate was knocked out unconscious, while Candice was helpless to protect herself against Joey. She too was hit in the face, disabled to escape in any way. This is considered sexual assault because Joey was too blind to presume the victim’s responses to previous physical touching.
Sexual offences are sexual assaults that are covered in the Sexual Offences Act 2003. Sexual assault also known as sexual violence or abuse is any type of involuntary sexual activity that the victim does not give consent to (does not agree to) and it is never the victim’s fault. Sexual assault can include any type of sexual contact with someone who cannot consent, such as someone who is underage, has an intellectual disability, or is passed out. It also includes rape, attempted rape, sexual coercion, sexual contact with a child, incest (sexual contact between family members), Fondling or unwanted touching above or under clothes. Sexual assault can also be verbal or visual and it is anything that forces a person to join in unwanted sexual contact
Non Fatal Offences Against the Person Act 1997 section 2 states : " A person shall be guilty of the offence of assault who without lawful excuse intentionally or recklessly :a)directly or indirectly applies force to or causes an impact on the body of another causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact without the consent of the other " . Following this with the incident between Murt and Bernie , Murt agrees to take part in an incident that could cause harm to himself as well as impact from the body of another . However in section 3 A person who assaults another causing him or her harm shall be guilty of an offence . Section 4 then states a person or intentionally
I believe that this event is best classified as self-defense. Self-defense is defined as the defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime.
Describe the actions to take if a child or young person alleges harm or abuse in line who policies and procedures of own setting. If a child alleges harm or abuse it is vital that the person that they tell are trained to deal with this effectively so that the child can be reassured that they have done the right thing and that the allegation can be acted upon. The school at which I work provides regular Safeguarding training to all staff which refers to policies such as Keeping Children Safe in Education, as well as providing practical advice to all staff in the event of a disclosure.
Sexual assault involved the penetration of a woman’s vagina by a man’s penis while indecent assault did not. Reckless in indecent assault Advertent and inadvertent recklessness in indecent assault is defined similarly to recklessness in sexual assault. However, the terms are rarely used in the context of indecent assault. Recklessness in indecent assaults is usually just called an act of indecency.
For battery there must have been the actual act and intent is not necessarily a requirement. A negligent or illegal act may be enough. For assault it is required that an actual deliberate threat was made to cause fear on the victim, and there was an attempt to commit battery.
Sexual assault is a form of forced sexual violence. The term sexual assault can be defined as an act in which a person sexually violates a victim without the victims consent. This is one of the most common problems faced by many schools in South Africa, the problem of sexual assault amongst learners in South African school. Sexual assault is an unlawful act, which the perpetrator can be sentenced to jail for practicing it. Sexual assault can be in a form of fondling of unwanted sexual touching, forcing a victim to perform sexual acts such as oral sex or penetrating the victim’s body and torturing a person in a sexual manner.