Defending Individuals Charged With Domestic Assault and Battery

2014 ◽  
pp. 298-315
Keyword(s):  
Domestic Assault ◽  
Assault And Battery

scholarly journals Predictive Properties of the Ontario Domestic Assault Risk Assessment (ODARA) in a Northern Canadian Prairie Sample

2021 ◽  
pp. 009385482110336
Author(s):  
Jennifer hegel ◽  
Karen D. Pelletier ◽  
Mark E. Olver
Keyword(s):  
Risk Assessment ◽  
Partner Violence ◽  
Predictive Accuracy ◽  
Geographic Region ◽  
Criminal Records ◽  
Canadian Prairie ◽  
Domestic Assault ◽  
Royal Canadian Mounted Police ◽  
Stratified Sample ◽  
Police Records

This study examined the predictive properties of the Ontario Domestic Assault Risk Assessment (ODARA) in a large Canadian, predominantly Indigenous, sample from a geographic region with the highest rates of intimate partner violence (IPV) in the country. A random stratified sample of 300 men (92.7% Indigenous) court adjudicated for an IPV offense was drawn from six Northern Saskatchewan Royal Canadian Mounted Police detachment regions. The ODARA was rated from police records and recidivism data were obtained via official criminal records over a mean 4.7-year follow-up. ODARA scores had small to moderate predictive accuracy (AUC/C = .58–.67) for IPV and other recidivism outcomes in the aggregate sample and Indigenous subsample. E/O index analyses demonstrated that the ODARA Ontario norms overpredicted IPV recidivism at high scores but underpredicted it at lower mid-range scores. Implications for use of the ODARA to assist frontline police personnel in IPV risk assessment and management are discussed.

Form of compensatory damages, date for assessment, taxation

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
General Rule ◽  
Breach Of Contract ◽  
Lump Sum ◽  
Future Loss ◽  
Compensatory Damages ◽  
Assault And Battery

The general rule can be expressed as follows: a court must assess in a lump sum all past, present, and future loss resulting from the particular tort or breach of contract being sued for, because no damages can be later given for a cause of action on which judgment has already been given. The classic authority is Fitter v Veal, where the claimant had been awarded £11 damages against the defendant in an action for assault and battery. His injuries proved to be more serious than at first thought and he had to undergo an operation on his skull. It was held that he could not recover for this further loss in a new action.

7. Non-fatal offences against the person

2019 ◽  
pp. 218-279
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Potential Application ◽  
Mens Rea ◽  
Bodily Harm ◽  
Legal Reforms ◽  
Grievous Bodily Harm ◽  
Actus Reus ◽  
Assault And Battery ◽  
Fatal Injuries

This chapter deals with non-fatal offences against the person, a variety of offences designed to criminalise behaviour ranging from the infliction of serious (non-fatal) injuries to potential targeting of any non-consensual contact. The chapter begins by explaining the offences of assault and battery, the actus reus and mens rea of each, and defences. It then considers relevant provisions of the Offences Against the Person Act 1861 with respect to assault occasioning actual bodily harm, wounding or inflicting grievous bodily harm, and wounding or causing grievous bodily harm with intent. The chapter then considers ‘conduct focused’ offences against the person, such as harassment and poisoning. Finally the chapter outlines potential legal reforms concerning modernisation and re-codification, constructive liability, and consent; and the potential application of the offences against the person within a problem question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

16. Non-fatal offences against the person

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Detailed Analysis ◽  
Bodily Harm ◽  
Grievous Bodily Harm ◽  
The Law ◽  
Prevention Of Crime ◽  
Assault And Battery

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment, possession and use of offensive weapons. The chapter also discusses defences to assault and battery including consent, and lawful chastisement, in addition to the Law Commission’s Report on reforming offences against the person. The discussion includes a detailed analysis of the relevant statutory offences including the Offences Against the Person Act 1861, the Protection from Harassment Act 1997, and the Prevention of Crime Act 1953. It also considers racially or religiously aggravated versions of the relevant offences.

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