Open Legal Questions
Click an entry for illustrative fact patterns, an overview of the issue, authorities, and further reading.
Criminal law 3
Actus reus 1
| Question | In brief | Status |
|---|---|---|
| Can there be assault / battery by omission? Main entry under Non-fatal offences against the person | In Fagan (1969), the High Court claimed that ‘a mere omission to act cannot amount to an assault’. But subsequent High Court cases doubted this position. | Open |
Non-fatal offences against the person 3
| Question | In brief | Status |
|---|---|---|
| Can deceptions as to the 'quality' of an act vitiate consent to touching? | Tabassum (2000) claimed that deceptions as to the ‘quality’ of an act could vitiate consent to touching. But other authorities suggest that only deceptions as to the nature of the act or the identity of the actor can vitiate consent. | Open |
| Can there be assault / battery by omission? | In Fagan (1969), the High Court claimed that ‘a mere omission to act cannot amount to an assault’. But subsequent High Court cases doubted this position. | Open |
| Does recklessness as to some harm suffice for malicious wounding? | OAPA ss.20 & 18 prohibit ‘malicious wounding’ or inflicting GBH. Were courts correct to interpret this to require only recklessness as to some harm? | Open |