When considering whether an action constituted an indecent assault, the jury was to be asked whether ‘right-minded persons would consider the conduct indecent or not.’
Lord Ackner: ‘It was common ground before your Lordships, and indeed it is self evident, that the first stage in the proof of the offence is for the prosecution to establish an assault. The ‘assault’ usually relied upon is a battery the species of assault conveniently described by Lord Lane in Faulkner v Talbot [1981] 1 W.L.R. 1528 at 1534 as ‘any intentional touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile or rude or aggressive, as some of the cases seem to indicate.’
Judges:
Ackner L
Citations:
[1989] AC 28
Citing:
Cited – Regina v George CCA 1952
. .
Cited by:
Cited – Regina v Price CACD 18-Jul-2003
The appellant had been convicted of indecent assault. When inspecting an apartment as a prosective tenant, with the complainant, he had stroked her legs, outside her clothing and below the knee. He appealed saying this was insufficient to constitute . .
Cited – Meachen, Regina v CACD 20-Oct-2006
The appellant appealed his conviction for anal rape. He said the incident had been consensual. He had administered a date rape drug. He said again that this had been consensual. The prosecution alleged that the injuries left were inconsistent with . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 April 2022; Ref: scu.185751