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For this essay we will be looking at the defence of assault and battery, consent. But first we have to discuss what is assault and battery.

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  • Essay length: 1436 words
  • Submitted: 23/10/2003
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GCSE Law

The first 200 words of this essay...

In most crimes there are always defences to the offence that has been committed, for example, if one is charged with murder, then a defence of either provocation or diminished responsibility can be raised. There are other defences such as mistake or intoxication.

In this case one will discuss when the defence of consent can be used against a criminal charge.

For this essay we will be looking at the defence of assault and battery, consent. But first we have to discuss what is assault and battery.

Assault and battery are separate crimes, under S.39 of the Criminal Justice act 1988. This was confirmed in the case of DPP vs. Little 1992.

In legal terms an assault means to cause V to apprehend force, for example, waving a fist at someone's face is deemed an assault, while battery means to apply force to V; for example, punching someone in the face is a battery. Usually the two crimes are committed close together. So for instance, drawing your fist back is an assault, and then throwing the punch and connecting is a battery. Hence assault and battery.

In the case of R

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