Physical assault

“ Treason, murder, manslaughter, sexual battery, carjacking, home/invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing/placing or discharging of a destructive device or bomb, and any other felony which involves the use or threat of physical force or violence against any individual. ”

“ As to its manner, it is an ordinary fight or a duel, according as it takes place without or with previous arrangement and stipulated conditions. (c) As to its eject, the civil law distinguishes between assault and battery. Assault is a show of violence against the person of another, as when one lifts one’s fist or cane in a threatening manner to put another in fear of bodily harm. Battery is the actual infliction of personal violence, as when one strikes, pushes, scratches, bites, or spits on another. ”

“ Such self-inflicted wounds are usually produced for the purpose of bringing a fictitious charge of assault, feigning self-defence or provocation on the part of the assailant when accused; and in order to divert suspicion, as in the case of a person who alleges he has received the injuries by an assailant who was committing robbery while he himself is guilty of it. ”

“ QB 715 at 719 where two men quarrelled and fought with bare fists Lord Lane CJ, delivering the judgment of the Court of Appeal, said:
'... it is not in the public interest that people should try to cause or should cause each other bodily harm for no good reason. Minor struggles are another matter. So, in our judgment, it is immaterial whether the act occurs in private or in public; it is an assault if actual bodily harm is intended and/or caused. This means that most fights will be unlawful regardless of consent. ”

“ The imprint of the bloody hand of the assailant may sometimes be found on the clothing of the one injured, and is especially important as evidence, when the hands of the assaulted are not bloody. In the case of a severe wound, especially if it is likely to become the object of a criminal investigation, the physician should always require to see the dress of the wounded. The examination of the clothing which the accused wore at the time the assault took place may give important evidence by showing evidences of a struggle or blood-stains. ”

“ When the assault is directed against a person that has been singled out for them either for his wealth or other purposes, the assault made upon him and his escort is always of a murderous nature, terminating in the inflictions of cruel wounds or death. ”

“ It will facilitate the study of the subject if we use the word ligature as a general term to cover the many forms of cords, ropes, etc., used in strangulation and hanging.
The word GARROTING is often used to indicate the forcible compression of the neck by the hands of thieves. The assault is usually made from behind, and the victim is robbed while the throttling proceeds. The brevity of the process explains why death is not more frequent. ”

“ The question may arise in regard to a wound, whether the victim wounded himself by precipitating himself on the weapon. This may be alleged by the defence, but it is difficult to believe if the wound is deep, for the body would naturally repulse the weapon. If the wound is deep the weapon must at least have been strongly held, which may or may not be consistent with the theory of self-defence. ”

“ According to the appellants' case, if an accused person charged with wounding relies on consent as a defence, the jury will have to find whether anything more than actual bodily harm was occasioned, something which is not contemplated by s 20. (5) The distinction between common assault and all other attacks on the person is that common assault does not necessarily involve significant bodily injury. It is much easier to draw the line between significant injury and some injury than to differentiate between degrees of injury. ”

“ Men with arms in slings; men with trousers torn away at the knee, and bandaged legs; men with brow, face, mouth, or [Pg 152] throat swathed; men with no shirts, but a broad swathe around the chest or stomach—each bandage grotesquely pictured with human figures printed to show how the wound should be bound, on whatever part of the body the bullet entered. ”

“ The clumsiest and, so far as rude and blood-thirsty attack could contrive them, the most deadly weapons were the first used; the sudden destruction of life, not the art of defence, being the brutal instinct of the vengeful, cunning, and cowardly savage, or the treacherous manslayer. ”

“ A man with red blood in his veins sees the assault, and [72] attacks the attacker with strength enough to save the victim, arrest the disturber of the peace, and prevent a repetition of the offense. He has been engaged in a fight, but he is not a beast. ”

“ Accordingly, a person could be convicted of unlawful wounding and assault occasioning actual bodily harm, contrary to ss 20 and 47 of the 1861 Act, for committing sado-masochistic acts which inflicted injuries which were neither transient nor trifling, notwithstanding that the acts were committed in private, the person on whom the injuries were inflicted consented to the acts and no permanent injury was sustained by the victim. ”

“ A weary and harassing thing it is even where the body is the aggressor—when the fevered blood, darting like liquid fire through the veins, mounts to the throbbing brow, and, pressing like molten lead upon the brain, crushes out thought and feeling, leaving but a dull consciousness of the racking agony which renders each limb a separate instrument of torture. ”

“ If there are contusions or contused wounds on several parts of the head, or if the wounds are on the vertex of the head, it is presumptive of the use of weapons. We cannot often swear that each and every wound on the head was due to the use of a weapon. On the other hand, the presence of grass, sand, gravel, etc., in a wound is presumptive of a fall and of the origin of the wound in this manner. In case of a fall from a height the wound or wounds might be in almost any part of the body, on the vertex or elsewhere. Such a fall may be the result of accident, suicide, or murder. ”

“ But when one who creeps upon his victim unawares, shoots him from behind, and, as he falls, fearing the work is not completed, shoots again, the victim, as you must see, receives the wound further to the front as [Pg 40] the body falls forward and partially turns in falling. ”

“ If another break my arm by violence, this will not certainly give him additional health or strength; if he stun me by a blow or inflict torture on my limbs, it is I who feel the pain, and not he; and it is hard if I, who am the sufferer, am not allowed to be the judge. ”

“ Law enforcement agencies report the number of assaults resulting in serious injury or instances in which a weapon was used that could have caused serious injury or death. Agencies record other assaults only if they involved more than verbal abuse or minor resistance to an arrest. ”

“ Strangulation or smothering, or throttling, is consistent with what has been described, but particularly throttling or applying the hand under the throat, and throwing the head backward, would prevent the access of air. I found unequivocal proof of violence, in the contusions dispersed throughout the body, and in no signs of disease being visible. I beg to add, from the woman being seen so recently alive and well, from the blood under the bed, as well as the appearances already mentioned, death by violence is extremely probable. ”

“ The gaunt woman's rage could no longer be constrained by anything short of violence. The words that came to her lips in reply were never uttered. She could no longer articulate and the words became a low muttering which continued even when she seized the hem of the girl's white garment and ripped it from her shoulders, baring her back from neck to waist.
She raised the whiplash and brought it down with all her strength on the girl's naked back. Three times she raised the punitive weapon and brought it down with relentless violence, her breath wheezing in her throat. ”

“ Often that terrible tool of murder had fastened itself so firmly in the victim's chest that the attacker, in order to get his bayonet back, had to place his foot on the chest of the miserable man and try with all his might to remove the weapon. ”

“ A scratch, a cut, abrasions left by removal of tape or rope, bruises, nervous shock, disturbance of digestion, all of a kind which heals or passes before 'liberation' occurs? Few kidnappings take place without harm of some kind to the victim. They may be executed by force or by mere threats. One produces traumatic injury, from minor abrasion to death, the other nervous or mental shock of momentary or lifetime duration. How much injury, and what kind, did Congress have in mind? ”

“ Doctor examines body--finds no evidence of violence, except slight discoloured mark on one side of neck--opinion of inspector that something, chain probably, has been wrenched off by assassin--is also of opinion that death could not have been thus caused. Doctor says death is caused by blood-poisoning--evidence being, swollen condition of body, protruding tongue, discolouration of skin--thinks it must be poison--makes minute examination--finds on neck slight scratch just on jugular vein, greatly inflamed--is of opinion that assassin has wounded victim in neck with poisoned dagger or knife. ”

“ The assault being the most severe phase of the combat, it is necessary, in order to face it and push it through, that the will of each individual be transformed largely by habits and reflexes. Therefore, hold each day an assault exercise over ground which resembles in detail that over which the real assault will have to be made. ”

“ By this time my blood was up, and, leaping in, I landed one blow on his chest and another on his mouth, which latter drew blood and loosened two of his teeth. I had taken several lessons in the art of self-defense and these now stood me in good stead. My blows sent him staggering up against a gun, where he stood gazing at me in bewildered astonishment. ”

“ As if they had been desperate, they used violence against themselves, crying and shrieking piteously, tearing their flesh with their nails from their cheeks in a monstrous manner, the blood streaming down over their bodies. ”

“ The jury having found a verdict for the plaintiff, the defendant moved for a new trial by reason of said exceptions.
Morrison and Fitch, for the defendant. The first question arising in this case is, Is it an assault to point an unloaded gun at a person in a threatening manner? An assault is defined to be an inchoate violence to the person of another, with the present means of carrying the intent into effect. 2 Greenl. Ev. 72. The attempt or offer with violence to do corporal hurt to another must be coupled with a present ability to constitute an assault. ”

“ We know that most knife and bullet wounds, i.e., the most dangerous ones, are felt, in the first instance, as not very powerful blows. Blows on the extremities are not felt as such, but rather as pain, and blows on the head are regularly estimated in terms of pain, and falsely with regard to their strength. ”

“ I answered; “he met his death by being stabbed to the heart by a very small weapon, possibly a stiletto, but a sharp knitting-needle, or even a hat pin, could have caused the wound. The crime was committed while he was unconscious, or at least semi-conscious, either from some drug or alcohol; or he may have been asleep. He made no resistance, and in all probability never knew he had been hurt.” ”

“ When wounds are present on the forearms, hands, and fingers, and if there are injuries on other parts of the body also, the inference would be that the hand wounds were received in guarding the throat or other efforts at defence from a homicidal attack. ”

“ There is a determined resistance of personal injury by means of injury inflicted, as when a man deliberately takes life to save life, destroys an assailant's eye to save an eye, inflicts a violent blow to prevent a blow; or, as when, in retaliation, he takes life for life, eye for eye, tooth for tooth, hand for hand, &c. Or, as when, by means of governmental agencies, he causes an injurious person to be punished by the infliction of some injury equivalent to the one he has inflicted or attempted. ”

“ Furthermore, the assailant is more likely to escape without blood-stains if there is a single wound than if there are several, and each additional wound makes it more likely that he will be spotted with blood. ”

“ I sat upon the ground, supporting my head with my left hand, and resting on my knee the stock of a heavy musket. My countenance was wan and haggard, my neck and bosom were dyed in blood, and my limbs, almost stripped by the brambles of their slender covering, were lacerated by a thousand wounds. Three savages, two of whom were steeped in gore, lay at a small distance, with the traces of recent life on their visages. ”

“ A wound may be defined as a 'breach of continuity in the structures of the body, whether external or internal, suddenly occasioned by mechanical violence.' The law does not define 'a wound,' but the true skin must be broken. Wounds are dangerous from shock, hæmorrhage, from the supervention of crysipelas or pyæmia, and from malum regimen on the part of the patient or surgeon. Is the wound dangerous to life? ”

“ Definitions.—Surgically a wound means a solution of continuity and refers to every such lesion produced by external violence or developing spontaneously. The medico-legal acceptation of the term is much broader and includes any injury or lesion caused by mechanical or chemical means. Vibert [601] quotes Foderé as defining a wound medico-legally as, “Every lesion of the human body by a violent cause of which the results are, singly or combined, concussion, contusion, puncture, incision, tear, burn, twist, fracture, luxation, etc. ”