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Resit Question is : Abdul and Rabia have recently separated. Abdul has been violent towards her in the past resulting in three broken fingers and a bruised hip. Rabia has needed medical treatment on several occasions and this is reported in her medical file. On Sunday night, Rabia was in the front living room of her home. She sensed someone moving around outside and went to look. She discovered that Abdul was standing under a tree on the other side of the street, watching her house. She checked again half an hour later, and he was still there. She was very scared, but thought the police would not take her seriously, so she telephoned her father. He came immediately and when Abdul saw her father�s car, he ran away. However, the next day, Rabia was shopping in the Mall when she saw Abdul. He yelled an obscenity at her, and then grabbed her headscarf and pulled it off. Rabia was very upset. Rabia has come to you to ask whether Abdul has committed any offences and if he has a defence.
(a) Did Abdul commit an assault when he (i) stood outside her house and scared her on Sunday night, and (ii) yelled at her on Monday in the Mall? (50%)
(b) Did Abdul commit a battery when he pulled her headscarf off? (25%)
(c) Can Abdul use consent as a defence to any of these assaults and/or batteries? (25%)
**The topics are clearly stated in the question: assault and battery are the two offences, and consent is the one defence. Feedback from the original assignment is: ensure a clear structure, no heavy reliance on textbooks, state the law and apply the law.
**Feedback from old assignment is: NF Offences not relevant, heavy reliance on textbooks when cases should be used instead, no case law used at all, diminished responsibility not relevant, freedom of speech is not relevant. Human rights is not relevant.
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