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Avril's assault on a young boy Liam

   

Added on  2020-12-29

7 Pages1825 Words59 Views
Criminal law

Table of ContentsMAIN BODY...................................................................................................................................3FACT RELATED WITH CASE:................................................................................................3ISSUES TO BE IDENTIFIED....................................................................................................3RULES RELEVANT OT CASE................................................................................................3APPLICATION OF RULES IN CASE LAW...........................................................................5DRAWING A CONCLUSION...................................................................................................6

MAIN BODYFACT RELATED WITH CASE:The present case is related with criminal charges on Avril for assault. For punching herhusband David at public place (Bus stop). It was claimed that she hit her husband in selfprotection as he was trying to push her on the road. A 12 years old boy Liam was present at busstop and had seen all of these happening. In the police station Avril remained silent as advisedby her solicitors but when told b the police officer that more she remains silent longer she will bein custody, upon this she gave up her right to salience and told that OK I hit David and againwent silent. While summing her up, it was told by the Judges to jury that, the burden to prove ison defense that she hit her out of self protection, evidences form a young boy can not be takenand that she gave up her right of silence in froth of police officer. ISSUES TO BE IDENTIFIEDIs punching an assault?Is self defiance chargeable in criminal law?Who is liable under burden of proof?Whether evidences from Liam can be taken?Whether conviction of Avril is right?RULES RELEVANT OT CASEAssault:Under criminal it is defined that an assault is committed when a personal intentionallyor recklessly impose physical harm or unwanted physical contact to another person this isconsidered as means rea. For charging a person for assault four main features defines as actus reaof assault must be fulfilled, they are: the Vitim must be apprehended, means the victim mightnot be put in fear but he/she was aware that they are about to be subjected to violence (Commonassault and battery to be summary offences, 2018). The act must be unlawful, means the victimhas a lawful reason for using force. It is immediate means a threat to hit is not assault, it must beon the spot. The last feature is personal violence mean victim means there must be as physicaltouch.Case law: Fagan v MPC [1969] 1Q.B. 439

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