TRESPASS TO THE PERSON Overview Under the Australian common law, rights-based trespass is an intentional tort which protects the personal and physical autonomy and integrity of individuals. Torts for trespassing on a person take three forms: battery, assault and false imprisonment. Each of these differ in nature and effect, specifically regarding physical interference and mental apprehension. BATTERY Analysis and Application The initial issue under analysis pertains to whether Nancy’s actions towards Ann constitute battery under South Australian law. Pursuant to trespass torts, battery is the intentional and direct physical contact or interference with another person without their consent. In this case, the onus lies on Ann to prove on the balance of probabilities that Nancy’s direct act caused physical contact. Nancy’s action of grabbing Ann’s arm and pulling her to her feet satisfies the elements of battery. It is evident that …show more content…
The CLCA permits that a threat is not considered assault if it is made in either self-defence or the defence of property, and the threat is made reasonable under the circumstances. Henceforth, Mary-Lou’s warning to Ann could be seen as a lawful deterrence from future attempts to steal her plants, rather than any threat of harm. For this reason, it could be argued that Mary Lou did not assault Ann. If the court determines that Mary Lou’s actions constitute assault, Ann may be entitled to damages for reasonable apprehension of imminent harmful or offensive contact. Similarly to battery, she may be entitled to damages which include compensation for distress and any other harm suffered because of the assault. Nevertheless, Mary-Lou is likely to have a valid defence under the doctrine of defence of property and the permission of lawful threats. FALSE
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
Most of the case law involving female offenders depend on the Supreme Court of Canada's verdict in Lavallee, which accepted proof that an offender had encountered violence elicited by the victim, , Battered Woman Syndrome (BWS), as applicable to the problem of self-defense. In the Lavallee case, proof was disclosed demonstrating that the offender had been exposed to years of abuse owing to the victim, and she was acquitted of murder because she had acted in self-defense.
….Where the conduct of the accused induces in the victim a well-founded apprehension of physical harm such as to make it a natural consequence that the victim would seek to escape and the victim was
McClelland, Robert. 2002. Is the Time Right for a Bill of Rights? Pg. 137-150. Swinburne Online Library. Viewed 19th December 2016.
Indigenous Australians began to be robbed of their rights and freedoms when the Europeans colonized Australia. Since then, Aboriginal people and Indigenous supporters have taken steps towards equality and reconciliation.
Defences of Assault and Battery In most crimes there are always defences to the offence that has been
The main elements of assault would be an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. The act for assault must be overt and direct. Words alone are insufficient, however if the words are part of a threat that influences the assault. A threat alone is not an aggravated assault, although if the threat is combined with a weapon or fist- it can become sufficient enough to constitute aggravated assault.
Nicole stepped on Caroline mistakenly, which was an unlawful touching. According to Elliott and Quinn there are three elements to this intentional tort; force, direct application and intent which is so in this case. However, according to Croom-Johnson LJ in the case of Wilson v Pringle “the first distinction between two causes of action where there is personal injury is the element of contact between the claimant and the defendant; that is touching of sort. In the action of negligence, the physical contact (where it takes place at all) is normally through by no means always unintended” . In the action of trespass to constitute battery, it is deliberate. Even so, it is not very intended contact, which is tortious. Apart from in acting in self-defence), there are many examples in everyday life where an i...
suddenly jumps in front of her and drags her into an alley. The attacker strikes (A) and rips her clothes. Fortunately, (A) hits the attacker with a rock and runs to safety. The man’s actions do not amount to assault, they amount to a battery as he dragged the woman to an alley, stroke her, and ripped her clothes off with the intent of causing her harm. The acts of the woman are a measure of self-defense, and she cannot be held accountable for the infliction she may have induced to the man. If the man just followed her without having any physical contact with her, his actions would have constituted to assault, as he would inflict fear into the
However, she would have been aware of a high probability of serious injury or death and therefore was found guilty of oblique intention. In this case causing harm was not intended but resulted.
This case be dealt with when someone goes into a house to rob and hurts another person in the act and the defendant decides to sue for an injury. An example of assault is the intention of harming someone emotionally such as telling the you were going to injure them if seen outside of the house. So, if there is conflict of assault and the victim is injured or hurt they are allowed to carry out a lawsuit. An act of false imprisonment could be when a store makes a citizen’s arrest for catching a shoplifter in the action of stealing and is to pay for any damages of product. Intentional emotional distress is where you cause mental harm to a person through conduct or injury such as a prank that will forever scar a person for the rest of their
Public health nursing, which is also referred to as Community Nursing is a subtype of nursing that looks at the general public as their client. This nurse will be involved with the health of an entire community, and not just one particular patient at a time. These types of nurses main focuses are primary prevention and health promotion. They may also help to determine the cause of an illness Many of these nursing professionals will also have ties with social services because that too is a branch that can focus on primary prevention. “Public health nurses work to identify health or safety problems, as well as risk factors, in a home, work environment, and community by working with community leaders, physicians, parents, and teachers.”
It covers such things as kissing, hugging, slapping, or even throwing a drink over a person (Savage). Battery also covers indirect actions, such as in DPP v K, or using a person as an 'instrument' for battery - Haystead v Chief Constable of Derbyshire. All of these can be the actus reus of the offence. The principle of transferred malice (Latimer) can be invoked in battery cases.
In the light of above cases we could say Ali is liable for battery under s. 39 of the Criminal Justice Act 1988. To the third issue Ali’s defence There is no defense for Ahmed in the second issue. From the above statement we cannot find what the verbal words that make Ali so violent.
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.