EXPERT EVIDENCE

Expert Evidence

Expert Evidence

Introduction

The main purpose of this paper is to identify the case of a separated couple Abdul and Aisha. In this case, Abdul had been violent towards Rabia in past and had caused her physical injuries. As a result of these injuries, Rabia has gone through various medical treatments. Rabia has found Abdul chasing her and moving round her house which made her very scared. One day she was out at mall, where Abdul came and yelled at Rabia, grabbed her scarf and pulled her. This made Rabia very scared. In this case Rabia wants the advice on the legal obligations on Abdul. The main aim of this paper is to identify that whether Abdul commit and assault and do Abdul have any defence for it.

Did abdul commit an assault when he (i) stood outside her house and scare her on Sunday night and (ii) yelled her on Monday in the Mall?

Yes, Abdul had been involved in an act of assault when he stood outside her house and scares her on Sunday night and yelled her on Monday in the Mall. Assault is considered to be the crime in which the victim is caused by the violence. Though, many people think that this term is related to the term battery. There is a variation in the meaning of assault in different countries, but generally it is an act that causes violence to the other person. It is also considered to be a threat of violence which is given by different acts (Cherkassky, 2008, p. 387). Assault can also be considered as the act of intentional physical contact with the other person in case when the consent of other person is not involved in it. Thus, it can be said that in this case, Abdul has committed an assault because on Sunday night he was wandering around the house of Rabia with the intention of violence as he had been involved in the violent activities with Rabia. He had also committed an assault on Monday in the Mall because he grabbed her scarf and pulled her which is a physical contact without her consent.

While defining the assault and determining that whether Abdul has committed an assault on Sunday night and Monday it is necessary to identify the meaning of Actus Reus of Assaul. Actus Reus of Assault is considered to be a reprehensible act which is prohibited by the criminal law. Evidence is required to prove that a crime has occurred through the action, omission of an act or threat of an act. This action is considered to be an actus reus of assault. This is also termed as the guilty act. In order to charge any person under the actus reus of assault it is necessary that the physical element should be present. The actus reus of assault is any situation which is developed by a person to assault the other person. The assault and actus reus of assault is considered to be zero in the case when ...