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Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person.
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
However, in R v Ireland [c 2] the court ruled out psychological injury by means of a telephone as a form of battery, although it was not an important point in the case as other charges were brought. [24] [25] Poisoning is not a battery where there is no accompanying violence. [25] The case of R v Brown [c 9] established a further requirement ...
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land.. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. [1]
Historically, the primary dignitary torts were battery, assault, and false imprisonment, as each claimed harm to a person's human dignity. A cause of action could be brought for battery, for example, even if no injury was done to the plaintiff, so long as the contact would be offensive to a reasonable person.
Dustin B. Hackett, 29, of Bluefield was sentenced to one to five years in prison for third-offense domestic battery, Prosecuting Attorney Brian K. Cochran said Friday. Hackett was arrested by ...
Assault and battery is the combination of two violent crimes: assault (harm or the threat of harm) and battery (physical violence). This legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather than actual violence. Assault and Battery may also refer to:
Assembly Democrats are fracturing over California legislative leaders’ decision to make changes to some retail theft bills that are designed to derail a controversial November ballot initiative ...