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Is choking an offence of battery? Watch

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    If someone grabs you by the neck and starts to choke you is that a battery contrary to Section 39 of the Criminal Justice Act 1988.

    I am really confused by this problem question and im unsure if it is a battery or another offence?
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    this is the legal stuff on battery:

    http://e-lawresources.co.uk/Battery.php

    choking seems to fulfil all the requirements for battery;

    it could easily end up as gbh or attempted murder etc.
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    (Original post by Midseple)
    If someone grabs you by the neck and starts to choke you is that a battery contrary to Section 39 of the Criminal Justice Act 1988.

    I am really confused by this problem question and im unsure if it is a battery or another offence?
    Yes, if intent or recklessness is present, as it involves unlawful touching, whether or not physical harm is done. It may also be common assault if apprehension of force is caused or intended to be caused.
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    (Original post by the bear)
    this is the legal stuff on battery:

    http://e-lawresources.co.uk/Battery.php

    choking seems to fulfil all the requirements for battery;

    it could easily end up as gbh or attempted murder etc.
    Thanks! Yeah the problem Q we are given is not very descriptive and only states that D grabs her up the wall and strangles her. I thought of GBH but there no real mention of the injuries sustained except it says that "Samantha was shaken up and distressed after the ordeal" from that I cant justify a charge of GBH as the injuries are not "grievous" or am I wrong?

    (Original post by Good bloke)
    Yes, if intent or recklessness is present, as it involves unlawful touching, whether or not physical harm is done. It may also be common assault if apprehension of force is caused or intended to be caused.
    Yeah, like i said above the Q is not that great tbh it just kind of states that "Samantha is put up against the wall and John proceeds to wrap his hands round her neck and squeeze" which I think definitely fulfils the element of CB however Im very confused as surely it should amount to a greater charge but it cant amount to ABH as she is only shaken up?
 
 
 
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